JAMNADAS Vs. STATE OF M.P.

JUDGEMENT

(1.) These appeals are directed against judgment and order dated 23.8.2012 passed by High Court of Madhya Pradesh, Bench Indore, whereby criminal appeal no. 977 of 2007 (filed by father-in-law of deceased), criminal appeal no. 993 of 2007 (filed by husband of deceased), and criminal appeal no. 1000 of 2007 (filed by mother-in-law of deceased) were dismissed. At the outset, it is relevant to mention that Special Leave Petition (Crl.) No. 9812 of 2013 filed by Dhanwantari (mother-in-law of deceased) was dismissed by this Court as withdrawn on 16.9.2014. The present criminal appeal nos. 156 of 2015 and 155 of 2015 have arisen out of Special Leave Petition(s) filed by father-in-law and husband of deceased, respectively.

(2.) It is a case where a young bride was brutally murdered within six months of her marriage, her body chopped off in two pieces and thrown in a park.

(3.) Prosecution story in brief is that on 16.9.2006 at about 19.50 hours (7.50 p.m.) PW 19 Constable Nirmal Kumar Patil received telephonic information at Police Control Room that a middle aged woman came on a scooty, and threw two bundles wrapped in bed sheets in Sewa Ram Zilani Garden, Patel Nagar, Indore, and that some blood stains were visible from the packets. On the basis of the telephonic information, Ext.P.33 was recorded at the Control Room. Within five minutes at about 19.55 hours (7.55 p.m.) the information was transmitted to the concerned police station Juni and information Ext. P.34 was recorded. After Dehati Murg intimation Ext.P.1 entered, PW 17 Head Constable Ashraf Ali left the Police Station Juni along with PW 12 Constable Mohd. M. Ahmad towards the spot. Enquiries were made in the same evening on which PW 1 Mukesh Jaiswal told that as usual on that day (16.09.2006) at about 5.30 p.m., he had gone to temple and was sitting with PW 5 Manohar @ Mannu, PW 4 Udhav Dass and PW 3 Narayana. They sent PW 2 Phugga @ Kamal to bring milk, and after sometime PW 2 Phugga @ Kamal came back and told them that one packet wrapped in colored bed sheet was lying in the park near walking track, in which blood spots were visible. The above named four persons with Phugga went towards the place, and saw the bundle with blood stains. Soon thereafter they saw a woman coming on an Activa who threw another packet, and went away. On this the telephonic information was given to the Control Room. Thereafter Murg inquiry was made by PW-35 SI Mohan Lal Purohit, who registered crime no. 431 of 2006 on the next day 17.9.2006 against unknown persons. Inquest report Ext.P-6 was prepared by the police on 17.9.2006 at about noon after dead body was identified as the one that of Bhoomi @ Richa by PW 6 Sanjay Chhabra, cousin of the deceased. The dead body was sent in a sealed condition for autopsy.