J.K.MAHESHWARI,J. - (1.)This appeal under section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C.) has been preferred by the appellant challenging the judgment dated 2.1.2008 passed by the Sessions Judge, Tikamgarh in Sessions Trial No. 78/2006 by which the appellant has been convicted for the charge under Section 302 of the Indian Penal Code (hereinafter referred to as the I.P.C.) and sentenced to Life Imprisonment with fine of Rs. 500/-.
(2.)The case of the prosecution, in short, is that on 28.1.2006 at about 18:10 hours, a Marg was registered at the instance of complainant Anand Mishra (PW-8). In the Report, it is said that he is the Sarpanch of village Bilt and on coming to know that Jai Singh (deceased) has been murdered and his dead body is lying in the house of appellant Radhe Lal, he visited to the place along with Virendra Dangi (PW-4), Jasrath Dangi (PW-9), Vishal Dangi (PW-10), Sumat Dangi (PW-11), Brijlal Choukidar (PW-3) and Lalli Dangi and opened the lock of house where the dead body of Jai Singh was lying on floor. It is also mentioned that Jai Singh was willing to sell his land but Radhe Lal did not want to sell it because he wanted to purchase the said land but he was not having money for the same. On such information, a Marg No. 5/2006 was registered by Police Station Niwadi whereupon offence was registered at Crime No. 13/2006 under Section 302 of the I.P.C. against the appellant and co-accused Rajkumar (son of the appellant). The Police after completion of investigation filed the challan against the accused persons before the competent Magistrate wherefrom it was committed to the Court of Session.
(3.)In the Court of Session, the charge under Section 302 of the IPC was framed against both the accused who abjured their guilt and took a defence that they have been falsely implicated due to which the witnesses are deposing against them.