Rajeev Kumar Dubey, J. - (1.)This criminal appeal has been filed against the judgment dated 31/03/2008 passed by I Additional Sessions Judge, Baraseoni, District Balaghat in S.T.No.96/2007, whereby learned I Additional Sessions Judge found the appellant guilty for the offences punishable under Section 302 of the IPC and sentenced him for life with fine of Rs.500/- and in default of payment of fine amount further R.I. for one month.
(2.)Brief facts of the case are that on 31/07/2007 Sanjay Dubey (PW/11) the then Sub-Inspector of Police Station Katangi received a telephonic information that two persons were murdered at village Savangi. On that, he entered that information in the daily diary (Ex.P/20) and went to village Savangi, where Purnima (PW/1) informed him that she resided at village Savangi with her husband Mitendra, son Yash Kumar @ Yashwant, daughter Satyawati, mother-in-law Pramilabai and appellant Chandanlal father-in-law since her husband was infirm, he could not do agricultural work. That day at 8:00 AM she had gone to field leaving behind her husband and children at home. At 5-6:00 PM when she returned from the field to her house she found that the door of the house was closed from outside. Then, she inquired about her husband and children to Rayanbai (kaki saas). On that she told that at about 1-1:30 PM she saw blood stains on the cloths of Satyawati. Rayanbai also told her that at that time Chainlal servant of Pappu Patel had also come her house and told her that appellant Chandanlal was telling that he had murdered his son Mitendra and grand son Yash Kumar @ Yashwant. Then, she (complainant Purnima) went to the house of Bhujwantabai along with her daughter Satyawati. Bhujwantabai also told her that appellant Chandanlal was telling her that he has murdered his son Mitendra and grand son Yash Kumar @ Yashwant. Thereafter, she (complainant Purnima) alongwith Bhujwantabai came back to her house and on entring into the house, she saw the dead bodies of her husband Mitendra and son Yash Kumar @ Yashwant lying on a bed. She also found so many injuries on their bodies. The appellant Chandanlal murdered her husband Mitendra and son Yash Kumar @ Yashwant due to dispute regarding selling of land. On that Sanjay Dubey (PW/11) wrote Dehati Nalishi (Ex.P/1) and marg intimation report (Ex.P/2 & P/3) and sent it to Police Station Katangi, District Balaghat for original registration through Bhimrao Meshram (PW/7), where Mukesh Nartam (PW/10) registered Crime No.67/07 (Ex.P/17) against the appellant for the offence punishable under Section 302 of the IPC.. Sanjay Dubey (PW/11) during investigation also prepared spot map Ex.P/4 and seized blood stains and simple soil from the spot and prepared seizure memo (Ex.P/10) and also seized one stick and one bed sheet from the spot and prepared seizure memo (Ex.P/11 & Ex.P/12) respectively. He also seized one sando baniyan and trouser, which were wore by the appellant at that time and prepared seizure memo (Ex.P/13). He also prepared inquest report of dead bodies of Yash Kumar @ Yashwant and Mitendra (Ex.P/5 & Ex.P/6) respectively and sent their dead bodies for postmortem alongwith letter (Ex.P/21 & Ex.P/22) to Community Health Center, Katangi, where Dr. Pankaj Dubey (PW/5) conducted the postmortem of the dead bodies of Mitendra and Yash Kumar @ Yashwant and gave report (Ex.P/14 & Ex.P/15) respectively. He also seized blood stained clothes from the dead bodies of Mitendra and Yash Kumar @ Yashwant and sent it to Police Station, Katangi in a sealed packet through constable Surendra Dhuvare (PW/9). Sanjay Dubey (PW/11) seized that packet from the possession of Sanjay Dhuvare (PW/9) and prepared seizure memo (Ex.P/16). On 01/08/07 he arrested the appellant Chandanlal and prepared arrest memo (Ex.P/23) and recorded the case diary statements of Purnima (PW/1), Rayanbai (PW/2), Khadag Singh Patle (PW/3), Arvind Meshram (PW/4), Raju Patle & Jyoti and also sent all the seized articles to Forensic Science Laboratory, Sagar through S.P. Balaghat alongwith draft (Ex.P/24).
(3.)After investigation, Police filed charge-sheet before the learned JMFC, Waraseoni, District Balaghat, who committed the case to the Court of Sessions. On that ST.No.96/2007 was registered. Learned Ist Additional Sessions Judge framed the charge against the appellant for an offence punishable under Section 302 of the I.P.C. The appellant abjured his guilt and took the defence that he has been falsely implicated in the offence. However, after trial learned Ist Additional Sessions Judge found appellant guilty for the offence punishable under Section 302 of the IPC and sentenced him for life with fine of Rs.500/- and in default of payment of fine amount further R.I. for one month. Being aggrieved by the impugned judgment, appellant has preferred this appeal.