BANTU NARESH GIRI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Being aggrieved and dissatisfied by the order passed by the High Court of Judicature at Jabalpur, M.P., the accused has filed this appeal. By the impugned judgment and order dated 19-3-2001, the High Court confirmed the judgment and order passed by the Additional Sessions Judge, Umariya in Sessions Case No. 117/99 convicting the appellant for the offence punishable under Sections 302 and 376 of Indian Penal Code and sentencing him to death.

(2.) It is the prosecution case that PW-1 Mohan Lal Sahu when returned at his home at about 6.00 p.m. on 25th January, 1999, he found that his grand-daughter (daughter of his late daughter) Jyoti aged about 6 years was not present in the house. He enquired about her from his daughter-in-law and other persons. He was informed that she had gone to visit cinema along with the accused. After some time when accused Bantu alias Naresh visited his residence, he enquired about whereabouts of Jyoti and accused stated that he did not not know anything about Jyoti and that he had not taken her along with him for going to cinema. Thereafter, he and other family members and residents of the locality started searching Jyoti. During the search, few people in the mohalla told his wife that deceased Jyoti was seen accompanying the accused at about 4.00 p.m. and his wife informed him accordingly. Thereafter he along with his wife went at the house of accused to know the facts correctly but as the accused became angry on such enquiry they came back. On being advised by the people from the neighbourhood, he lodged the report at the police station. Subsequently, dead body of the deceased girl was noticed by PW-13 Sanjay Dube who was also neighbour of PW-1. The dead body was found lying in the bushes standing across the railway line. He noticed that underwear of the deceased was lying near the dead body and that there were blood stains and tooth mark on her cheek. He thereafter informed the police station. On the basis of the said information, investigating officer carried out necessary investigation. Thereafter, accused-appellant was charge-sheeted along with Balu alias Balram Goswami. The Additional Sessions Judge convicted the appellant but acquitted the other accused.

(3.) From the evidence on record, the Sessions Court as well as High Court arrived at the conclusion that the accused Bantu was neighbour of complainant Mohan Lal Sahu and was on visiting terms with him. After considering the other evidence, the Court held that on the evening of the day of occurrence the accused visited the house of PW-1 and he took the deceased Jyoti for visiting cinema. As Jyoti was not found at evening time and accused informed PW-1 that Jyoti had not accompanied him, the report was lodged at the police station. During the course of investigation by the police, accused absconded and was not found in his house from 9.30 p.m. to 3.30 a.m. He was arrested on the next day evening by the police.