SHIVKUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Case diary is available with the learned P. L.

(2.) Heard on this repeat-second application filed under Section 439 of the Code of Criminal Procedure for grant of bail to the applicant, as he has been arrested in connection with Crime No.51/2019, registered at Police Station Garh, District Rewa under Sections 302 and 201 / 34 of the Indian Penal Code.

(3.) The case of the prosecution in short is that, on 18.02.2019 a missing person report was lodged by Janardan Prasad Dubey stating that his son Jitendra Kumar Dubey is missing. A Missing Person Report No.6/2019 was registered. During enquiry, on 04.03.2019 an information was received from one Ram Lakhan Yadav that a dead body was lying in a pit behind the pond of Village Sarai, under the jurisdiction of Police Station Garh, District Rewa, on that basis Marg No.04/2019 was registered. For identification, the person, who lodged the missing person report was called from different Police Station. Janardan Prasad Dubey, who lodged Missing Person Report No.6/2019 identified the dead body to be of his son. The body was sent to postmortem. The doctor has opined that the cause of death was due to strangulation. On that basis, Crime No.51/2019 for the offence under Sections 302 and 201 of IPC was registered against unknown person. During investigation, the statements of the witnesses have been recorded, on the basis of their statements, the applicant and other co-accused persons have been arrested. On interrogation, the applicant and other co-accused persons have admitted the commission of crime.