JUDGEMENT

Appellant -Anil Patel has filed this appeal u/S. 374 of Cr.P.C. being --2-- aggrieved by the judgment dated 20.03.2013 passed by 1st Additional Sessions Judge, (Shri Ashish Dixit), Mhow (now Dr. Ambedkar Nagar), Indore in S.T. No.349/2010 by which the trial court has convicted and sentenced the appellant as under:-

Conviction Sentence Section & Act Imprisonment Fine imposed Imprisonment in lieu of fine 302 of IPC Life imprisonment 2000 2 years' R.I. 394 of IPC 10 years 2000 2 months' R.I. 394/397 of IPC 10 years 2000 2 months' R.I. 25(1-B) B of Arms Act 3 years 1000 1 month' R.I. (2) The case of the prosecution in brief is that on 18.12.2009, the dead body of the professor Amrata Pancholi of IIM College, Indore was found in Quarter No.32 of IIM College campus. On the information of the incident, SHO of Police Station-Kishanganj, Mhow, District-Indore reached the spot where one Sharda Bai- maid of the deceased-Amrata Pancholi informed that she has been working as a servant of the deceased since last two months and on the date 18.12.2009 at 07.30 a.m. she came for routine work at deceased's house but in spite of repeated ringing the call-bell the door was not opened then she went inside the house from back side door and found that body of the Professor Amrata Pancholi was lying in the bedroom then she called other persons who were residing nearby house of the deceased. They saw that blood oozed out due to injuries caused on the body of the deceased and the whole body was soaked in blood. There were marks of injuries on chest, stomach and thigh on --3-- the body of the deceased. Some unknown person caused murder of Professor Amrata Pancholi. On the information of PW-1 Sharda Bai, police wrote Dehati Nalishi, Ex.P-1 thereafter, registered F.I.R. Crime No.501/2009 u/S. 302 of IPC against unknown person.

(3) During the investigation on the date 18.12.2009, FSL unit of investigation came on the spot and took photos, finger prints and foot prints from the spot. Police seized book, file, bed-sheet cotton, Chappal, sweater from the spot. During the investigation, on the basis of the call details, the mobile phone of the deceased, which was missing from the deceased's house, was seized by the police from co-accused 'Bhavesh Soni' and co-accused informed the police that he has received this mobile from appellant- Anil. The police arrested the appellant- Anil on 22.12.2009 and recorded his statements u/S. 27 of the Evidence Act and on the bases of the evidence and memorandum of the appellant the police seized ornaments, knife and the mobile of the deceased.

(4) The police recorded the statements of the prosecution witnesses and after receiving the FSL report and other scientific report and after completion of the investigation, charge-sheet was filed before the Magistrate Court. After committal of the case to the Sessions Court, the trial court framed charges against the appellant. The appellant abjured his guilt and sought trial. In turn, the prosecution in order to prove its case examined 50 witnesses. After completion of the prosecution evidence the appellant was examined u/S. 313 of Cr.P.C. The appellant took defence that he has not committed the offence and he has been falsely implicated in the offence. The appellant further stated that when he went on duty on date 18.12.2009 then he knew that the deceased was murdered by unknown person. Thereafter, he went to the deceased's home --4-- and saw that people nearby of the deceased's house are present in side and out side of the deceased's house. They stored the articles so he also helped on that work. He was not examined any where in his defence. The deceased- Amrata's father asked him as to why he did not come to station to receive him then he replied that madam (deceased) did not instruct him to go to station to receive her parents.

(5) Being aggrieved by the impugned judgment, the appellant filed this appeal and learned counse