AMAR SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) As per letter No.06/Warrant-1/2021 dtd. 1/4/2021 of Superintendent, Central Jail, Satna (M.P.), it appears that appellant no.1 Amar Singh S/o Rambharose Singh has died during the pendency of this appeal on 30/4/2021. Therefore, this appeal so far it relates to appellant no.1 Amar Singh, is abated.

(2.) Being aggrieved by the judgment and order dtd. 1/3/2008 passed in Sessions Trial No.152/2004 and supplementary Sessions Trial No.75/2005 by the learned First Additional Sessions Judge to the First Sessions Judge, Panna (M.P.) by which appellants Amar Singh (since deceased), Halke, Raju @ Rajaram and Raju @ Baghela have been convicted for the offence punishable under Ss. 302 and 201 of the Indian Penal Code and sentenced to undergo life imprisonment and fine of Rs.50,000.00 and rigorous imprisonment for two years and fine of Rs.2000.00 each, respectively, in default of payment of fine, the appellants were directed to undergo additional rigorous imprisonment for 5 years under Sec. 302 of the Indian Penal Code and rigorous imprisonment for 2 months under Sec. 201 of the Indian Penal Code, the present appeal has been filed by the aforesaid appellants.

(3.) The prosecution case in nutshell is that on 21/6/2004, the SHO Devendra Nagar District-Panna received an information that a beheaded dead body was floating in Satna river below the Itwa bridge. It was also informed that a stone was tied up with the body with the help of electric wires on the chest and a torn banyan was wrapped around the chest and the head of the dead body was lying in the nearby field of one Radhelal Kushwaha. After getting the information, the SHO Devendra Nagar reached the spot and recorded a Dehati Naleshi. The said Dehati Naleshi was sent to P.S. Devendra Nagar District-Panna, on the basis of which, Marg No.17/04 as well as Crime No.85/04 was registered against the unknown person. After preparing the inquest report/Panchnama, the body was sent for postmortem. On 24/6/2004, one Sushil Bilthariya submitted an application to SHO Devendra Nagar stating that his brother Ashok Bilthariya was missing from the Ashram of Dunha Baba Amar Singh. In that application, it was further stated that Halke Vishwakarma, Ashok Singh Thakur, Raju Dhimar, Mahesh Dhimar, Bhushan Singh Thakur, Raju Kushwaha, Bablu Singh and Santosh Singh were working in the Ashram of Dunha Baba along with Ashok Bilthariya. It was further mentioned that the missing person Ashok Bilthariya along with Halke Vishwakarma had come to the house of applicant Sushil at Champa on 16/6/2004 and after having meals in the night, both Halke and Ashok went to the Ashram of Amar Singh.