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Madhya Pradesh High Court · body

2013 DIGILAW 1501 (MP)

Jwal Singh v. State of M. P.

2013-12-02

B.D.Rathi, Brij Kishore Dube

body2013
ORDER Rathi, J. 1. This appeal has been preferred by the appellant under section 374 of the Code of Criminal Procedure, 1973 (for short ‘the Code’) being aggrieved from the judgment dated 1.9.1999, passed by Additional Sessions Judge Ganjbasoda, District Vidisha in Sessions Trial No. 45/1999, whereby the appellant has been convicted of the offence punishable under section 302 of Indian Penal Code (for short ‘the IPC’). 2. Prosecution case in brief, is that on 12.1.1999 in the noon at about 12:00 – 1:00 p.m at village Danmadi, Bagrodh Road, appellant Jwal Singh had committed murder of Anisa alias Anshu aged about 20 years by assaulting her with a sharp edge weapon. After completion of investigation, charge-sheet was filed against the appellant. 3. During the trial the appellant pleaded not guilty to the charge and contended that he had been falsely implicated. 4. It is argued on behalf of the appellant that trial Court has not properly appreciated the evidence on record and he prayed for acquittal of appellant. 5. On the contrary, it is submitted by the learned Public Prosecutor that the judgment of conviction is well merited and no interference is called for. 6. To bring home the charges prosecution has examined as many as 8 witnesses. 7. Having regard to the arguments advanced by the parties, we have perused the entire evidence and material available on record as well as the impugned judgment of trial Court. 8. After taking into consideration the evidence of Guddo Bai (PW 1), Nasir Khan (PW 2), Gajraj Singh (PW 3), Ajad Khan (PW 4), Sabro (PW 5), Devendra Mishra (PW 6), Dr. B.P. Sharma (PW 7), R.V.S. Kushwaha (PW 8), trial Court has held that the murder of Anisa alias Anshu was committed by the appellant. The evidence produced by the prosecution has been properly appreciated by the trial Court, we have not found any reason to interfere into the finding of the conviction. In the aforesaid premises we are of the considered view that the impugned judgment of conviction and sentence passed by the trial Court is well merited. 9. Appeal is devoid of merits and is hereby dismissed. 10 .As per the report of Jail Superintendent, Gwalior, dated 23.11.2003 appellant has been released as entire period of jail sentence has already been suffered by him. 9. Appeal is devoid of merits and is hereby dismissed. 10 .As per the report of Jail Superintendent, Gwalior, dated 23.11.2003 appellant has been released as entire period of jail sentence has already been suffered by him. Copy of the judgment along with record be sent to the trial Court for information and compliance. ..............