NEELU @ NILESH KOSHTI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Appeal calls in question the impugned judgment dtd. 1/12/2023 in Criminal Appeal No.389/2016 passed by the High Court of Madhya Pradesh at Indore, whereby, the High Court dismissed the appeal preferred by the appellant and upheld the judgment of the Additional Sessions Judge and Special Judge (Electricity Act 03), wherein the appellant was convicted for the offences under Ss. 302 and 201 of the Indian Penal Code, 1860, and sentenced to undergo life imprisonment and a fine of Rs.1000.00 for the offence under Sec. 302 of the IPC and seven years of rigorous imprisonment with a fine of Rs.1000.00 for the offence under Sec. 201 of the IPC along with default stipulations.

(2.) On 28/7/2009, Bhagwati Bai (P.W.4) lodged a missing report at Pardeshipura Police Station, Indore, stating that her daughter Archana @ Pinki was missing from 25/7/2009. During the course of investigation, it came to light that the mobile phone of Archana @ Pinki was being used by a person who allegedly had custody of her, and was seeking a ransom of Rs.5.00 lakh from her husband Rajesh (P.W.12). The SIM card belonging to Archana @ Pinki was actively used in her phone till 1/8/2009.

(3.) It was found that, there was another SIM card which was being used in her phone, particularly belonging to one Shekhar Chouhan (P.W.6). Upon further investigation, it was unearthed that, Shekhar Chouhan purchased the mobile phone belonging to Archana @ Pinki from the appellant.