- (1.)THE appellant has filed this appeal dissatisfied with the judgment passed on 7-4-1995 rendered in S. T. No. 210/89 by learned 1st Addl. Sessions Judge, Mhow, District Indore, whereby convicted the appellant under Section 302, IPC and sentenced to undergo R. I. for life and fine of Rs. 500/-; in default of payment of fine to undergo one month R. I.
(2.)THE prosecution case as put forth before the Trial Court was that on 27-4-1989 in the night, during patrolling, police received information near Bherugarh from Jeet (P. W. 3) about a dead body lying in a nala. On this information, merg No. 6/89 (Ex. P-1) was registered. For protection of the dead body one chowkidar was deputed and on 28-4-1989 inquest of the dead body vide Ex. P-2 was prepared. Map (Ex. P-3) was also prepared on the same day. Police has seized blood stained earth, stone and controlled earth and stone. From the spot one blue colour chappal, white glass, broken soda bottle, small button and other articles were seized through Ex. P-27. Upto that time body was not identified by anybody. It was the body of unknown person. From the grip of the deceased certain hairs were also seized. These hairs were sent for examination to the expert. But no such report was filed by the prosecution. Post-mortem was performed of the unidentified body on 28-4-1989. Post-mortem report is (Ex. P-15 ). On 30-4-1989 in presence of Munna s/o Baburam, copper ring having white stone was seized. Pant, shirt and chappals were also seized from the body of the deceased. On the basis of clothes, slipper and copper ring, the body was identified by Yakub s/o Stu Demelo aged 24 years, resident of Chotti Khajrani, No. 1158, M. I. G. Colony, Indore. After identification of the dead body police interrogated the relations of the deceased and according to them deceased went alongwith acquitted co-accused Mahesh and present appellant from his house on 26-4-1989, thereafter did not come back. Yakub, the brother of the deceased had lodged gumshudgi report in M. I. G. Police Station. On the basis of this, the M. I. G. Police has,registered Merg No. 19/89. The acquitted accused Mahesh and appellant Dev Prakash were called in the P. S. for investigation. From their possession, on their disclosure statement under Section 27 of the Evidence Act, the clothes and luna scooter were seized. Vide seizure memo (Ex. P-9) pant and bushirt were seized from the possession of the appellant Dev Prakash. These articles were sent to Forensic Science Laboratory and according to Laboratory report (Ex. P-31), Pant -Article one and Shirt - Article two were containing blood. But Serologist report was not filed and there is no evidence adduced by the prosecution whether it was the human blood or blood tallying with the blood group of deceased. The appellant and the acquitted co-accused Mahesh were arrested.
(3.)AFTER due investigation, the charge-sheet was filed. The learned Trial Court framed the charges under Sections 302 and 302/34 of IPC against the appellant and acquitted co-accused. Their defence was one of denial and they claimed for trial. After trial, the co-accused Mahesh has been acquitted and the present appellant is convicted as mentioned above.