MANOHAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appeal has been preferred by the appellants being aggrieved by the judgment of conviction dated dated 26-7-93 passed by the Ist Additional Sessions Judge, Sehore in Sessions Trial No. 279/92 whereby the appellants have been convicted for commission of offence under Section 302/34 IPC sentencing them to undergo rigorous life imprisonment.

(2.) AS per the prosecution case, deceased Suresh and accused persons where residing at village Khamlaha. Deceased had accompanied the accused persons in the night, he did not came back to the house. Consequently, Kishore Singh and Munnalal went to the house of Manohar to ask about the whereabouts of Suresh. For several days they inquired from Manoharlal but he expressed ignorance as to the whereabout of deceased Suresh. They also inquired from coaccused nandlal. He also expressed ignorance as to the whereabouts of deceased Suresh. The prosecution further alleged that on 3-8-92, one Sangram Singh, son of Kamal Singh found the dead body in the well and consequently, informed to the police on 4-8-92, merg intimation was recorded, inquest of the dead body was prepared, dead body was identified by Shriram, the brother of the deceased. There were several injuries on the person of the deceased caused by sharp edged weapon. It was a case of homicidal death. The deceased on 287-92 left with accused Manohar and Nandlal and he was not seen alive. On the basis of information furnished by the accused, several articles belonging to the deceased were seized. The articles were identified belonging to the deceased. Weapon of offence and knives were recovered from the possession of the accused at their instance.

(3.) THE accused abjured the guilt contending that they are innocent and have been falsely implicated in the case. In defence, they did not examine any witness. Prosecution has examined in all 21 witnesses. The Trial court has convicted the appellants, aggrieved thereby the appeal has been preferred.