G.S.AHLUWALIA,J. - (1.)This Criminal Appeal under Sec. 374 of Cr.P.C. has been filed against the Judgment and Sentence dtd. 8/7/2011 passed by Special Judge/Additional Sessions Judge, Guna in S.T. No. 283/2010, by which the Appellant has been convicted under Ss. 302, 201 of IPC and for offence under Sec. 302 of IPC, he has been sentenced to undergo Life imprisonment and a fine of Rs.5,000.00 in default 1 year R.I. and for offence under Sec. 201 of IPC, he has been sentenced to undergo Rigorous Imprisonment of 7 years and fine of Rs.5,000.00, in default 1 year R.I.
(2.)The prosecution story in short is that a gum insaan report no. 74/2011 was lodged. During enquiry, the statements of complainant Neelu Bano, Salma Bano, and the Appellant were recorded. It was found that Appellant was seen for the last time with the deceased. Thereafter, the Appellant made a confessional statement that on the dispute of non- payment of loan amount, he had given sleeping pills to the deceased Naushad and thereafter, strangulated him, and his dead body has been buried in his own room. Chappal, Belt and Pant of the deceased have been thrown. Accordingly, FIR for offence under Sec. 302, 201 of IPC was registered against the Appellant.
(3.)The dead body of the deceased Naushad was dug out from the room of the Appellant. Articles belonging to the deceased were recovered at the instance of the Appellant. The Articles were got identified. One strip of Sleeping pills (Trika 0.5 mg) was seized from the house of the appellant. Appellant was arrested. Seized articles were sent to F.S.L. Statements of witnesses were recorded and after completing investigation, police filed the charge sheet for offence under Sec. 302 of IPC.