HC upholds trial court order in murder case

Source: The Hitavada      Date: 03 Oct 2017 10:23:49


Legal Correspondent,

In the matter related to appellant being aggrieved by the judgment passed by Additional Sessions Judge (Fast Track), Gadarwara, District Narsinghpur, to undergo life imprisonment, the division bench of the Madhya Pradesh High Court comprising Justice S K Seth and Justice Nandita Dubey has said that “We do not find any illegality or infirmity in the conclusion recorded by the trial court in recording a finding of guilt of the appellant. The conviction of the appellant is, accordingly, upheld. It is informed that the appellant is in jail. It is ordered that he shall suffer remaining part of his sentence in accordance with the conviction recorded by the trial court. Resultantly, the appeal being meritless is accordingly dismissed. The impugned judgment dated on July 18, 2007 of the trial court is hereby affirmed”.

The division bench has heard the criminal appeal filed by Sooraj Prasad from Gram Barha Bada, Police Station Chichli, District-Narsinghpur. This appeal has been filed by the appellant being aggrieved by the judgment dated on July 18, 2007, passed by 2nd Additional Sessions Judge (Fast Track), Gadarwara in Sessions Trial, whereby the appellant has been found guilty for the offence punishable under Section 302 of IPC and has been sentenced to undergo life imprisonment and fine of Rs 100, in default of payment of fine to undergo further R.I. for two months.

The prosecution case is that on December 19, 2006 in the morning, Saniya Bai lodged a report that her son-in-law has attacked, and grievously injured her daughter Sharda Bai and ran away. According to Saniya Bai, her daughter Sharda Bai and son-in-law Sooraj stays with her. While she was sleeping in another room, she heard some sound in the night and when she went to check it, she saw that nose of her daughter was cut and bleeding and she was not able to speak. Accused Sooraj, seeing her, used filthy and abusive language, and ran away. Thereafter she went to inform the Kotwar of the village and others.

On the basis of the report lodged by Saniya Bai, FIR was recorded and criminal law was set in motion. Injured Sharda Bai was sent to Sali Chowka hospital from where she was referred to District Hospital-Narsinghpur by Dr S K Gupta, enroute to the District Hospital, Narsinghpur, Shardabai succumbed to the injuries. A Panchnama was made and the body of the deceased was thereafter sent for autopsy. The accused was arrested on the next day ie on December 20, 2006.

Postmortem was conducted by a team of doctors consisting of Dr O P Naik and Dr B Singh who found four injuries on the body of the deceased, all ante mortam in nature. Injury on the neck suggested throttling which has resulted in asphyxia leading to death. According to the doctor, the death had occurred within 6-24 hours prior to the postmortem examination.

The trial court, on the basis of statement of Saniya Bai who is the eye-witness, and considering the medical evidence, has recorded a finding against the appellant to the effect that he is guilty of offence punishable under Section 302 of IPC and sentenced him as aforementioned.