RAGHUVEER SAVITA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This judgment shall govern the disposal of Criminal Appeal No. 625/2009 (Raghuveer Savita Vs. State of MP), Criminal Appeal No. 713/2009 (Shailendra Sharma @ Sonu vs. State of MP) and Criminal Appeal No.1046/2014 (State of M.P. vs. Shankar Singh Gurjar), as these three appeals arise out of Special Case No.91/2006 (Dacoity).

(2.) Appellant-Raghuveer Savita and appellant-Shailendra Sharma @ Sonu have preferred appeals under Sec. 374 of CrPC, against the judgment of conviction and sentence dtd. 7/9/2009 passed by Special Judge (MPDVPK Act) Morena (MP) in Special Case No.91/2006 (Dacoity), whereby Raghuveer Savita (appellant in Cri.Appeal No.625/2009) and Shailendra Sharma (appellant in Cri.Appeal No.713/2009) have been convicted under Ss. 120-B, 364(A)/34 of IPC, Sec. 13 of MPDVPK Act, Sec. 302/34 of IPC and under Sec. 201 read with Sec. 34 of IPC and each of them has been sentenced to undergo 14 years RI with fine of Rs.500.00 each for the offence under Sec. 120-B of IPC and in default of payment of fine, to undergo additional RI for three months each, life imprisonment with fine of Rs.1000.00 each, in default of payment of fine, to undergo additional rigorous imprisonment of three months each for the offence under Sec. 364-A/34 of IPC; Three years RI each under Sec. 13 of MPDVPK Act; Life Imprisonment with fine of Rs.1000.00 each, in default of payment of fine, to undergo additional rigorous imprisonment of three months each under Sec. 302/34 of IPC; Three years RI each with fine of Rs.500.00 each, in default of payment of fine, to undergo additional rigorous imprisonment of three months each under Sec. 201 read with 34 of IPC. All the sentences were directed to run concurrently. While the State has preferred appeal against the accused No.1 Shankar Singh Gurjar S/o Soneram, Surendra Singh S/o Shankar Singh Gurjar and Kampoter Singh Gurjar @ Pappu S/o Ramjilal, who were acquitted by the same judgment.

(3.) The prosecution story in short is that on 23/6/2006 at around 7 pm the complainant Moharman Lal lodged the missing report of his grand son Shubham @ Shailu S/o Neeraj Sharma, aged around 10 years and has stated that his grand son Shubham @ Shailu went to the Variety Public School, Pati Gali, Morena for tuition. When Shubham not returned back at around 1.00 pm then he was searched to all the relevant places. His teacher told him that Shubham @ Shailu conveyed him that he was going to learn skating. That missing report was lodged and search was started. Till 1/7/2006 the missing child was not traced, hence, FIR under Sec. 365 of IPC was lodged in Crime No.450/2006. On 7/7/2006 information was given telephonically to the police that from the house of Shankar Singh Gurjar which was locked from the outside, foul smell was coming out. Hence, police reached the spot and opened the house. There the body of the deceased boy was found in a plastic bag and it was kept over the shelf of lavatory and wall was constructed to hide the body of the deceased. The brick wall made was broken and body was recovered. Postmortem of the deceased was done wherein the doctor had opined that the cause of death was strangulation. The statements of prosecution witnesses were recorded wherein the prosecution witnesses Ramkrishan, Bajrangi, Bafatan, Ameena, Sonu Sharma, Ranjeeta had given evidence with regard to last seen theory and had stated that they had seen 15-16 days back the deceased Shubham along with two boys residents of first floor of the building. The dead body was identified by the prosecution witnesses. The accused Raghuveer and Shailendra Sharma were arrested. After completion of investigation, charge sheet was filed against the appellants/accused.