The rejection of accidental death claims via circumstantial evidence linking the appellant to the crime established the basis for conviction under Section 302 IPC.

1. The appellant has preferred this appeal under S.374(2) of the Code of Criminal Procedure , 1973(2 of 1974) (in short Cr.P.C.) against the judgment dated 21.10.2010 passed by the Court of 1st Addl. Sessions Judge, Ratlam in S.T.No. 223/2010, whereby the appellant has been convicted under S.302 of Indian Penal Code , 1860 (in short IPC) and sentenced to undergo rigorous imprisonment for life with fine of Rs. 500/- and in default of payment of fine additional rigorous imprisonment for one month.

2. Prosecution story in brief is that in the intervening night of 19-20 August, 2009 at about 10-11 p. m., when deceased Ramesh was taking dinner at his residence situated in village Sejawata, Police Station - Industrial Area, Distt. Ratlam, appellant came there, caught hold of his hand and took him towards road. Next day morning, Chowkidar, Gulab Singh (PW - 6) found his dead body near the road. On his information at about 8: 30 a. m. merg intimation report bearing No. 46/2009 (Ex. P - 9) was registered at Police Station - Sejawata. ASI, R.D. Sharma (PW - 14) rushed to the spot, prepared inquest report (Ex. P - 3), seized blood soaked soil, plain soil, deceased's blood contained pant and a blood stained stone found near the dead body of the deceased as per seizure memo, (Ex. P - 4). He vide application (Ex. P - 16A) sent the deceased's body for post - mortem to the District Hospital, Distt. Ratlam, where on the same day at about 11: 30 a. m., Dr. Pushparaj Singh (PW - 3) conducted the post - mortem of the deceased and found several injuries on the vital part of the body of deceased along with fractures in frontal temporal bone and occipital bone. He prepared post - mortem report (Ex. P - 16) and opined that the deceased died due to the injuries found on his head (brain). On the same day, at about 9: 30 p. m. T. I. Rameshwar Choudhary PW - 11 registered the FIR bearing Crime No. 358/2009 (Ex. P - 3) against unknown person for the offence punishable u/S. 302 of IPC. During investigation, T.I. Rameshwar Chouhdary (PW - 11) seized a cap as per seizure memo (Ex. P - 4) from the possession of deceased's wife Sukka Bai, which is said to be fallen at the residence of the deceased, where appellant had gone just before the incident. He thereafter arrested the appellant on 30.08.2009 and recorded his memorandum statement (Ex. P - 11), thereafter on his instance, seized his brown coloured blood stained shirt from his possession as per seizure memo (Ex. P - 9). The seized articles were sent vide letter (Ex. P - 15) to FSL, Sagar. After completion of investigation, charge sheet was filed before the Court of Chief Judicial Magistrate, Ratlam who committed the same to the Court of Sessions Judge, Ratlam.

3. Learned trial Court considering the material prima facie available on record, framed the charges u/S. 302 of IPC against the appellant who abjured his guilt and prayed for trial. In his statement recorded u/S. 313 of Cr.P.C., the appellant pleaded his false implication in the matter. In support of his defense, he did not examine any witness.

4. Learned Trial Court after appreciating the oral as well as documentary evidence available on record, recorded the findings that prosecution proved his case beyond reasonable doubt against the appellant for the offence punishable u/S. 302 of IPC. Therefore, vide judgment dated 21.10.2020 convicted him u/S. 302 of IPC and sentenced him to suffer RBI. for life along with fine of Rs.500/- with default stipulation. Being aggrieved with the said judgment of conviction and order of sentence, appellant has preferred this appeal for