AKHILESH ALIAS DADU Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal has been filed by the accused-appellants against judgment dated 16.2.2001, passed by Sessions Judge Sehore in Sessions Trial No.107/2000 whereby the appellants have been convicted under Section 302/34 of Indian Penal Code and sentenced to life imprisonment.

(2.) Brief facts of the prosecution case are that on 30.11995 at about 12 o'clock a dead body of Ramesh was found at village Kotabar Gram Sehore on Sehore-Icchawar road. He sustained fatal injuries on his chest inflicted by knife. ComplainantDinesh brother of the deceased came there and he lodged a report at police station, Mandi Sehore against some unknown person under Section 302 of IPC. During investigation, appellants were arrested and some articles belonged to the deceased were found in their possession. Hence, charge sheet was filed against them under Section 302 of IPC before the competent court.

(3.) During trial, they abjured guilt and pleaded they have been falsely implicated by the police. After considering the testimony of Durga Soni (PW14) about extra judicial confession made by the appellants before him, articles of the deceased were recovered from the possession of the appellants.