RAMDHANI PANDE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS accused-appellant Ramdhani Pandey has been convicted by the Third Additional Sessions Judge. Jabalpur, under Section 330 of the Indian Penal Code and sentenced to rigorous imprisonment for a period of three years together with a fine of Rs. 100/- or, in default of payment of the fine, further rigorous imprisonment for a period of one month. He has also been convicted in the same trial under Section 348 of the Indian Penal Code and sentenced to rigorous imprisonment for a period of one year together with a fine of Rs. 100/- or, in default of the payment of the fine, further rigorous imprisonment for a period of one month. The substantive terms of imprisonment have been ordered to runconcurrently.

(2.) THE prosecution case, in short, is as follows. The accused-appellant, who was a Sub-Inspector of Police, was posted as Station Officer, Police Station, Shahnagar, district Panna. in November and December 1966. A corpse was found near and place called 'dana Baba Ki Bhatia' in the forest near village Kurena. The Identity of the corpse could mot be established as it has decomposed only bones being left. Near the dead body, amongst other things, an empty paper packet of sweets bearing the name 'khanna Stores, Jabalpur' was found. The accused-appellant, who was in charge of the investigation in respect of the aforesaid death, 'believed it to be the case of a suspected murder and, presumably because an empty paper bag of sweets bearing the name 'khanna Stores, Jabalpur' had been found near the dead body, came to Jabalpur for further investigation- At Jabalpur he learnt that on 1-111966 two reports had been lodged one (Exhibit P-61) by Mst Harchhatia (P. W. 23), mother of one Phoolchand. at Police Station, Khamaria complaining that her son Phoolchand was missing since 2610-1966 and that the last she had heard of him was that he had been taken by one Sukku to Pamagar, and the other (Ex. P-60) by Sukku (P. W. 1) at police-station, Ranjhi stating that while he and Phoolchand were going to Bombay by train, Phoolchand got down at Bnusaval and did not enter the train again and had not been heard of since. On the basis of the aforesaid reports and other material, the accused-appellant conjectured that the dead body found in the forest of village Kurena was that of the missing Phoolchand and that his murder had been committed by Sukku (P. W. 1 ). The 'prosecution alleges that on 22-11-1966 the accused-appellant went to village Piparia and took into custody Sukku (P. W. 1), and between the period 23-11-1966 to 3-12-1966 kept him under wrongful confinement at police-station, Jabalpur Cantt. where he beat him and tortured him to confess to the commission of the murder of Phoolchand. In the result, on or about 28-11-1966 Sukku (P. W. 1) confessed that he had murdered Phoolchand with the help of Chandansingh (P. W. 28) and Dranari (P. W. 27 ). The accused-appellant thereafter took Sukku (P. W. 1) along with Chan-dansingh (P. W. 28) to Panna where they were formally arrested on 5-12-1966 and produced. before the Additional District Magistrate, (Judicial), for remand. Sukku (P. W. 1) was in jail on remand from 712-1966 to 27-12-1966. However, before a challan could be filed, Phoolchand (P. W. 24) returned home. Consequently on 27-12-1966 Sukku (P. W. 1) was ordered to be released by the Additional District Magistrate (Judicial), Panna.

(3.) THE first information report (Exhibit P-l) dated 13-1-1967 was drafted by Dutta. Advocate. Jabalpur. and signed by the complainant Sukku (P. W. 1 ). On its basis an investigation was conducted which resulted in the prosecution of theaccused-appellant for offencesunder Sections 330 and 348 of the Indian Penalcode inthecourt of the Thirdadditional,sessionsjudge, Jabalpur.