ASHUTOSH KAITHWAS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal filed under Sec. 374 (2) of the Code of Criminal Procedure, 1973 (In short 'Cr.P.C') assails the judgment dtd. 21/2/2011 passed in Sessions Trial No.670/2009 whereby the appellant was held guilty for committing offence under Sec. 302 of IPC and directed to undergo sentence of life imprisonment with fine of Rs.1,000.00 with default stipulation.

(2.) The brief facts are that appellant and deceased Jagdamba Prasad Saket were students and were residing in room No.19 of Industrial Training Institute (ITI), Madhotal, Jabalpur. The deceased left the hostel on 12/8/2009 and went to his native place namely; Singrauli. In the meantime, Hostel Superintendent Shri L.M. Agnihotri (PW-1) issued an order to change the room of both the said students. The appellant was directed to shift room No.16 whereas deceased was directed to remain in room No.19.

(3.) As per the prosecution story, deceased Jagdamba Prasad came back from Singrauli to his room No.19 on 24/8/2009 at around 6:00 A.M. When Jagdamba Prasad opened his locker, he found that his mark-sheet is missing. He promptly informed the other students and Superintendent Shri L.M. Agnihotri about nonavailability of said mark-sheet. In turn, Shri Agnihotri came to the hostel and in the presence of other students apprised the appellant that if missing mark-sheet of Jagdamba Prasad is available with him, he may return it back to him. Thereafter, Agnihotri went back to his residence.