VIJAY BAHADUR Vs. STATE OF M P

JUDGEMENT

(1.) Challenge in this criminal appeal is to the judgment of the Sessions Court dated January 21 st ,1999 in Sessions Trial Case No.123/99 whereby the appellant has been convicted for the offences under sections 302,201 and 404 IPC and sentenced to undergo various terms of imprisonment, maximum of which is life imprisonment besides fine with default stipulation.

(2.) As per the prosecution case, the deceased had left his village in Etawah, Uttar Pradesh on January 1 st , 1996 after telling his wife that he was going to the house of the appellant at Navalpura, District Bhind in connection with sale of his land in village Puleh which he got from his in-laws. As the deceased had not returned to his home till January 4 th ,1996 his wife sent her son Vijendra (PW 12) to the house of his 'Nandoi' Ramnath (PW 11) in search of her husband. PW 11 Ramnath on enquiries made at Navalpura, District Bhind came to know that the deceased had sold his land in village Puleh to PW 22 Raghuveer Singh on January 3 rd ,1996 in presence of two witnesses namely appellant's father Jai Shriram and another witness PW 19 Mansaram. PW 11 Ramnath is also alleged to have come to know that the deceased was murdered by the appellant and his father Jai Shriram with an intent to dishonestly misappropriate the amount of Rs.1,03,000/- which the deceased had got on sale of his land to PW 22 Raghuveer Singh on January 3 rd ,1996.

(3.) A missing report about missing of the deceased Kishorilal was lodged by his brother PW 5 Nathuram with the Police of Police Station, Umri, District Bhind on January 10 th ,1996. Thereafter, the dead body of deceased Kishorilal was taken out by the Police on January 22 nd ,1996 from a dry well situated in the field of Harnath in village Puleh. The appellant was arrested vide arrest memo Ex.P/27 on January 22 nd ,1996. The appellant in his confessional statement ( Ex.P/1) given to the Police while in police custody on January 22 nd ,1996 confessed to his guilt and stated that he could recover the dead body of the deceased from the well. Two more disclosure statements of the appellants were recorded by the Police next day, i.e. on January 23 rd ,1996 and they are Ex.P/2 and P/13 in which the appellant had allegedly disclosed that he could get Rs.90,000/- recovered from his house concealed there and Rs.5000/- given by him to Ashok Kumar Jain (PW 17) for purchase of clothes, shoes etc. The Police is alleged to have recovered Rs.90,000/- from the house of the appellant on January 23 rd ,1996 pursuant to his disclosure statement, Ex.P/2 and Rs.5,000/- from PW 17 Ashok Kumar Jain on January 23 rd ,1996 pursuant to appellant's disclosure statement, Ex.P/13. FIR, Ex.P/29 was registered with the Police of Police Station, Umri on January 22 nd ,1996 with regard to the murder of deceased Kishorilal. The appellant's father Jai Shriram was arrested by the Police on 11 th April, 1996. After completion of investigation into the case, challan was filed by the prosecution against the appellant and his father Jai Shriram for proceeding against them for the offences under sections 302,201 and 404 IPC.