BHAJJU @ BHAGWANDAS KORI Vs. STATE OF MADHYA PRADESH
HIGH COURT OF MADHYA PRADESH (AT: GWALIOR)
Bhajju @ Bhagwandas Kori
STATE OF MADHYA PRADESH
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ASHOK KUMAR JOSHI,J. -
(1.) Challenge in this appeal filed under Section 374 of the CrPC is to the conviction and sentence recorded by Sessions Judge, Datia vide judgment dated 31.10.2000 passed in Sessions Trial No.193/1999, whereby the appellant is convicted under Section 302 of the IPC and sentenced to life imprisonment.
(2.) It would be significant to mention here that co- accused, Khalak Kori, real brother of present appellant could not be arrested during investigation being absconder, under Section 173(8) of the Cr.P.C. keeping investigation pending against him, charge sheet was filed only against present appellant.
(3.) Prosecution story in brief is that on 22nd April, 1999, in the night at 20=30 hours when complainant Rajkumar (PW-4) and Gaffar Khan (PW-1) were standing and talking near Anand Talkies in town Datia, then complainant's real brother Salli Yadav was talking with appellant Bhajju Kori and Khalak Kori in connection with their previous financial transactions and appellant Bhajju and Khalak Kori took complainant's brother Salli Yadav with them. Salli Yadav did not return to his house in the night, hence on next morning, i.e., on 23 rd April, 1999 complainant Rajkumar went to house of Bhajju and Khalak Kori situated at Badapura, Koriana Mohalla, Datia and complainant saw that dead body of his brother Salli Yadav is lying in the courtyard of house of appellant Bhajju and the dead body was having injury caused by stone over the head and was also having injuries inflicted by sword. Thereafter Rajkumar with Gaffar went to Police Station Kotwali, Datia and lodged FIR (Ex.P/4) at 8=45 a.m., which was scribed by Town Inspector A.K.Saxena (PW-12) and merg report was separately registered vide Ex. P/13. A.K.Saxena reached the appellant's house and at 9=10 am prepared spot map (Ex.P/5) at the instance of complainant Rajkumar and at 10=30 am seized a large blood-stained stone (khanda), a steel utensil (lota), two parts of a broken sword, glass, ceramic cup, empty pouches of desi liquor and two pairs of sleeper vide seizure memo (Ex.P/8), which were lying near around the dead body. The blood- stained soil and plain soil were also seized vide seizure memo (Ex. P/8). After issuing safina form (Ex.P/6) and preparing inquest memo (Ex.P/7) in presence of panch witnesses after inspecting the deadbody, A.K. Saxena sent the dead body for post- mortem to District Hospital, Datia where on same day post-mortem was started at 11=30 hours by Dr. J.P. Sonkar (PW-3), who recorded post-mortem report (Ex.P/3).;
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