ASHOKYADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) These appeals are directed against the judgment of the High court of Madhya Pradesh dated 8/4/1994 dismissing the appeals filed by the appellants against their conviction and sentence as recorded by the learned Sessions Judge on 18/1/1991. The appellants were convicted of offences under S. 364 and 302 Indian Penal Code and were sentenced to Five years' rigorous imprisonment and to pay a fine of Rs. 500. 00 and in default two months' simple imprisonment on the first count and to life imprisonment and a fine of Rs. 1,000. 00 and in default three months' simple imprisonment on the second count.

(2.) The prosecution case in brief is that on 2/9/1987 at about 9.15 p. m. , Ramgovind Shanna- Public Witness 9 lodged a report at P. S. Jhansi Road regarding the missing of his son Avadhesh Sharma who had gone to the school but had not returned. He gave the description and identification of his son in the report. After registration of the missing person report. Ext. P-3, an intimation was sent to the Control Room. During the investigation statements of various prosecution witnesses including Ram Bharose Bajpayee, Public Witness 1 and Rati Ram. Public Witness 7 were recorded. According to their statements, they had seen Avadhesh along with the appellants near Ravi Shankar Hostel, Medical Tiraha. On the basis of this information, a search was made for the appellants. They were not found at their houses. A case under S. 364/34 Indian Penal Code was registered on 3/9/1987 at 1 o' clock at night. A search was started and ultimately the dead body of Avadhesh was found between the bushes and trees in the Chhatri. A panchnama of the dead body was prepared and the dead body was sent for post-mortem examination. Dr V. K. Deewan, PW, conducted the post-mortem examination and found a number of injuries on his person. According to his opinion, death of the deceased had occurred on account of strangulation and the injuries on his chest, which had led to failure of the respiratory system. The appellants came to be arrested during the investigation on 6/9/1987. Gauri Shankar, the appellant, is alleged to have made a disclosure statement which is admissible under Section 27 of the Evidence Act 1872 leading to the recovery of a watch which, according to the prosecution, was on the person of the deceased when he left for school in the morning of 2/9/1987. Mohan, the appellant, allegedly made a statement admissible under Section 27 of the Evidence Act leading to the recovery of a pen while Veerendra. the appellant, allegedly made a statement admissible under Section 27 of the Evidence Act leading to the recovery of a dot pen. No recovery was effected from Ashok, the appellant.

(3.) The recovered articles were sent to the police station for identification and Shri B. K. Agrawal, Naib Tehsildar, Public Witness 11, conducted an identification parade in the Tehsil Office of Gwalior on 18/9/1987. Ramgovind Sharma, Public Witness 9 and his wife Saroj, Public Witness 10 identified the seized articles as the ones which the deceased was carrying with him on the day of the occurrence. After completion of the investigation the appellants were sent up for trial and convicted and sentenced as already noticed.