ASHISH PATHAK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374(2) of Cr.P.C. has been filed against the Judgment and Sentence dtd. 9/6/2010 passed by 2nd Additional Sessions Judge, Rewa in S.T. No.332/2009, by which the appellant has been convicted and sentenced for the following offences : <FRM>JUDGEMENT_21_LAWS(MPH)10_2024_1.html</FRM>

(2.) According to prosecution story, the complainant Phoolchand Saket lodged an FIR that he is a scrap dealer and deals with waste Cartoon and bottles. His hut is situated by the side of canal. On 10/7/2009, at about 7-8 P.M., he closed his shop and went back. In the morning, at about 7:30 A.M., he came to his hut and found that near the Dhaba of Lala Pathak, lot of persons had gathered. He also went there and saw that the dead body of Lala Pathak was lying with only a shirt on the dead body. Injuries were there on head, hand and buttocks. Yesterday, i.e., 10/7/2009, the appellant was drinking liquor with the deceased. It appears that somebody has killed Lala Pathak and his dead body is lying near his Dhaba. Accordingly, the police registered the offence.

(3.) The dead body was sent for postmortem. Statements of witnesses were recorded. Blood stained and plain earth were seized from the spot. Blood stained cloths of the deceased, empty liquor bottle, one piece of Dari, one dirty shirt, one white coloured Gamchha were also seized from the spot. On the basis of disclosure statement made by appellant, one iron Tangi stained with blood, one blood stained shirt, one pair of socks, one pair of black coloured shoe were seized from the house of the appellant. The appellant was arrested. The seized articles were sent to F.S.L. for forensic examination. The police after completing investigation filed the charge sheet for offence under Ss. 302, 201 of IPC.