STATE OF MADHYA PRADESH Vs. MAHESH BAIRAGI

JUDGEMENT

(1.) Submissions were made on the application filed under Section 378(3) of Cr.P.C. seeking leave to appeal, which has been filed against the judgement of acquittal pronounced by the Special Judge, SC/ST (Prevention of Atrocities), Indore on 18.05.2018 passed in S.T. No.255/2016, whereby the non- applicant has been acquitted from the charges framed under Sections 302 and 201 of IPC.

(2.) The case of the prosecution in short was that on 24.08.2015, a missing person's report was lodged by Sanjay Raina, husband of deceased Kavita Raina in which it has been stated that deceased had left the house on 24.08.2015 at about 01.20 PM for fetching her daughter from school bus stop but had been missing since then. Subsequently, dead body of deceased was found below Teen Imli Puliya on 26.08.2015 at about 12.00 PM. The dead body was in mutilated condition and six parts of human body was found packed in polythene bags which were found in advanced state of decomposition. The dead body was identified THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M.Cr.C. No.33114 of 2018 (State of MP vs. Mahesh Bairagi) on the basis of tattoo marks on the hand of the dead body. On investigation, it was found that Scooty bearing registration No.MP09 SS 5271 belonged to the deceased was found to be parked at Navlakha parking stand. The owner of the parking stand later on identified the accused as the person who had parked the Scooty. It was also found that accused (non- applicant) had sought CCTV footage of the day from Sai Kripa Electrical from where the deceased had disappeared.

(3.) The prosecution has examined Shailendra Amodiya (PW-6), who is the owner of the parking stand, who has identified the accused and the Trial Court has also found proved that it was the accused (non-applicant) who had sought CCTV footage from Sai Kripa Electrical two days after the incident i.e. on 26.08.2015 and Mukesh Chouhan (PW-25) and Sanjeev Vishwakarma (PW-28) have supported the prosecution story.