The burden of proof shifts to the accused when they are present at the scene of the crime, and a complete chain of circumstances must be established to prove guilt beyond reasonable doubt.

JUDGMENT :

VIJAY KUMAR SHUKLA, J.

The present appeal is filed under section 374(2) of the Code of Criminal Procedure challenging the order of conviction and sentence, dated 16-7-2009, passed by the learned First Additional Sessions Judge, Panna, District Panna in S.T. No. 107/2008 [State of M.P. vs. Krishnakant alias Vineet], whereby the accused-appellant has been convicted and sentenced as follows :

Both the sentences to run concurrently.

2. Filtering the unnecessary details, the prosecution case, briefly stated, is that on 6-6-2008 at about 03:20 A.M. the accused-appellant lodged a written complaint in respect of murder of his elder brother – Shivkant Goswami by two unknown persons. The police registered an FIR under sections 449 and 302/34 of the Indian Penal Code, initially against unknown persons, subsequently the investigation revealed that the accused-appellant himself has committed murder of his brother and in order to mislead the investigating agency, he gave a false information to the police.

3. The appellant has given a written report on 6-6-2008 at the Police Station, Saleha alleging that his elder brother – Shivkant after completing training from Navy was taking coaching of English at Satna. Today, he had come back from Satna by Parihar bus. In the night both of them had taken dinner on the roof and thereafter they had come down for sleeping in the room at downstair. At that time his brother was studying. As alleged, around 12:00 to 12:30 A.M. in the night on receiving splash of blood over his face, he got up and saw two persons present in the room. One of them was thin and another was fat having almost same height. They were aged between 30 to 40 years. The fat person was armed with a ‘baka’ (a sharp edged weapon) and the other one was not having any weapon. One had inflicted injuries on the neck of the deceased. He immediately got up from the cot but by that time both the persons fled away. It is further stated that upon hearing his shouting his father who was sleeping on the first floor of the house came down and both of them had seen the two persons running away.

4. The aforesaid intimation of unnatural death of Shivkant, was registered as Marg No. 21/08, Ex.P/8. For investigation of the crime, he went to the spot for investigation and prepared site plan, Ex.P/13 in presence of witnesses. He seized blood stained soil and pillow cover, vide Ex.P/8. He recorded statements of Brijlal, Achhelal Choudhary, Sitaram Sharma and Dharampal Kevat on 6-6-2008 itself, and thereafter statements of Ashish Kushwaha and Smt. Savitri Devi were recorded on 12-6-2008 and 15-6-2008 respectively. During investigation, on the basis of information received from the informant and taking circumstances of the case into account, he suspected the accused-appellant and arrested him on 16-6-2008. On disclosure statement of the accused, Ex.P/4, ‘baka’ and ‘baniyan’ were seized, vide Ex.P/7.

5. The seized articles were sent for chemical examination. The spot was also inspected by District Incharge of the Forensic Science Laboratory and photographs of the scene of occurrence were also taken.

6. The investigating agency after completing investigation filed chargesheet before the competent court of jurisdiction, which in its turn, committed the matter to the Court of Sessions for trial.

7. The learned trial Judge, appreciating the evidence in proper perspective, recorded the finding that the accused-appellant himself has committed murder of the deceased – Shivkant Goswamy and convicted and sentenced him, as ha