RAJEEV KUMAR SHRIVASTAVA,J. - (1.)The instant Criminal Appeal is preferred under Sec. 374 of CrPC, challenging the judgment of conviction and sentence dtd. 26/6/2006 passed by Third Additional Sessions Judge, Fast Track, Guna, in Sessions Trial No. 268/2005, whereby appellant has been convicted under Sec. 460 of IPC and sentenced to undergo life imprisonment with fine of Rs.500.00. In default of payment of fine, to undergo additional RI of one year.
(2.)Admitted facts in the present case are that Umesh Davar (PW-4) and his wife Varsha Davar (PW-1) are residents of Mathur Colony, Guna. On 24/3/2005 they had gone to Jaipur. During midnight of 24th and 25/3/2005, unknown persons committed theft in their house and also committed murder of Chowkidar Bhagwan Singh. This incident was informed by their brother Gulshan Davar, who lodged FIR (Ex.P/2). It is also undisputed that merg (Ex.P/11) was registered by Hemant Tiwari (PW-11) as per information given by Umesh Davar. It is also admitted that spot map (Ex.P/10) was prepared by Balbahadur Singh Parmar (PW-10) on 25/3/2005 and remaining investigation was also done by Balbahadur Singh Parmar (PW-10). It is also admitted that Dr. P.K.Sharma (PW-5) had conducted the postmortem of deceased Bhagwan Singh. Postmortem report is Ex.P/5.
(3.)The prosecution story in short is that Umesh Davar (PW-4) and his wife Varsha Davar (PW-1) are the residents of Mathur Colony, Guna. They were visiting the house of their relative at Jaipur. They had requested Gulshan Davar, brother of Umesh Davar, staff Hariom Ojha and Pawan to lookafter the house. On the date of incident, i.e., midnight of 24th and 25/3/2005 unknown persons entered into their house by breaking grill of window and committed theft of various valuable ornaments along with gents watch and idol of Sai Baba. As guard Bhagwan Singh objected the same, he was murdered by the aforesaid unknown persons. Gulshan Davar visited the house of Umesh Davar on the next day morning, he saw that guard Bhagwan Singh was murdered and his body was roped there and one grill of a window was also removed. Gulshan Davar informed the police, on account of that Ex.P/2 was registered for commission of offence under Sec. 460 of IPC. Gulshan Davar informed Umesh Davar about the incident. Postmortem of the deceased was conducted by Dr. P.K.Sharma (PW-5). Postmortem report is Ex.P/5, wherein the doctor concerned has stated that Bhagwan Singh died due to coma, which was the result of head injury. One important fact was brought on record that in the midnight of 24th and 25/3/2005, Constable Bhaskar Singh Raghuvanshi (PW-3) and one another Constable were on gast (official round) in their area. At around 3.00 amm they saw one motorcycle was coming from Mathur Colony side. Three persons were seating on the motorcycle. As soon as they saw the police, they fled away. The Constable had seen the motorcycle number in the light of torch. Motorcycle number was MP-08-J-7149 and persons sitting on motorcycle were young and were also looking like Pardi. When they returned back to Police Station after gast at around 5.00 am, they came to know that murder has been committed in Mathur Colony.