RAKESH Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 21-4-2008 passed by Additional Sessions Judge, Karera, Distt. Shivpuri, in S.T. No. 98 of 2006, by which the appellant has been convicted under Section 302 of I.P.C. and has been sentenced to undergo Life Imprisonment and a fine of Rs. 1,000/- in default 6 months R.I.

(2.) The prosecution story in short is that on 25-3-2006 at about 7:30 A.M., the complainant Dev Singh, lodged a FIR that he is running a Grocery Shop. Yesterday i.e., 24-3-2006, Awadhesh, Rakesh (appellant) and Komal had come to his house at about 12:00 P.M. along with their maternal uncle Prem Narayan for the purposes of going to Survaya for treatment of Rakesh by exorcise. At about 11:00 P.M., all of them went to sleep. The complainant was sleeping in his house, whereas the deceased, witnesses and the appellant were sleeping outside in the courtyard. Premnarayan was sleeping on one cot, whereas the appellant was sleeping on the another cot. Komal and Awadhesh were sleeping on one cot. At about 3 A.M., the complainant woke up due to barking of dog. He went outside and saw that the appellant was standing along with an axe. He asked as to why he is standing with axe and should go to sleep and therefore, the appellant after throwing the axe, lie down on the cot. Thereafter, the complainant went to public hand pump for fetching water. Thereafter, Rameshwar Mahate came there for taking him to Survaya Janwa and accordingly he went back to his house. He was informed by Komal that Premnarayan is lying on the cot in a dead condition. He saw that the body of Premnarayan which was covered with blanket and had a cut. Two broken teeth were attached with the blanket. He removed the blanket and saw that Premnarayan had injuries below his ear and nose, which appeared to have been caused by an axe. The mattress was also stained with blood. Therefore, he has a suspicion that Rakesh must have killed Premnarayan.

(3.) The police started investigation and sent the dead body for postmortem. Naksha Panchnama was prepared, spot map was prepared, the appellant was arrested, axe was seized, the statements of the witnesses were recorded, the seized articles were sent to F.S.L. and after completing the investigation, the police filed the charge sheet for offence under Section 302 of I.P.C.