GOLU ALIAS RAJENDRA Vs. STATE OF M P

JUDGEMENT

(1.) ALL these three appeals (Nos. 1032,1186 and 1293 of 1997) arise out of the same judgment dated 3-10-1997, rendered by 8th Additional Sessions judge, Ujjain, in Session Trial No. 149/1996, convicting accused/appellants sanjay @ Guddu, Shailendra and Golu @ Rajendra under Sections 364, 365 and 302 in alternative under Sections 364/34,365/34 and 302/34 of the Indian penal Code and sentencing them each to 10 years RI with fine Rs. 1,000/-; 7 years RI with fine Rs. 700/-; and, imprisonment for life with fine Rs. 1,000/-, respectively.

(2.) THIS case relates to kidnapping for ransom and murder of a minor boy Suresh @ Pappu, aged about 10 years. Boy Suresh although belonged to Village Harsola was, at the relevant time, together with his sister ashagiri (P. W. 6), staying at Ujjain with his maternal uncle Jivanpuri (P. W. 4), in connection with his studies. House of Jivanpuri is situated at Naga Baba Ki chal near Metro Cinema Hall. All the three accused persons also resided at ujjain, and the house of accused Golu @ Rajendra, was situated just in front of the house of Jivanpuri. On 15-4-1996, around 2. 00 o'clock in the afternoon, boy Suresh had left his uncle's house on a bicycle belonging to the latter. He, however, did not return home until late in the evening causing concern to his sister Ashagiri. An anonymous phone call was received in the evening by ashagiri and she was told that her brother has met with an accident and is lying injured near Rekha Fashion Factory. She rushed to the said Factory, but suresh was no where in sight. She returned home and informed on telephone about the aforesaid development to her uncle Jivanpuri (P. W. 4 ). Jivanpuri who was then working in a Bank rushed back to his home and made frantic search of the missing nephew. After a little later another telephone call was received, this time by Jivanpuri himself who was informed that Suresh has not met with any accident but his whereabouts can be known from a letter lying near the said Fashion Factory. Jivanpuri accompanied by others then rushed to the said Factory where in a lane, near the shop of Sunil Rao (P. W. 3), a motor mechanic, a hand written letter tagged with a piece of cloth, was found lying. In this letter ransom of Rs. 5. 00 lacs was demanded for release of the kidnapee boy. Various other details regarding the mode, place and time of payment were also given in the letter and a warning was also recorded not to inform the police about the matter lest it may endanger the life of the boy. After some deliberations it was decided that instead of lodging report at Police station, City Kotwali, having jurisdiction in the matter, a report should be lodged at Police Station, Mahakal. Accordingly, a report vide Ex. P-2 was lodged by Sunil at Police Station, Mahakal, Ujjain, at 6. 40 p. m. The said letter together with piece of cloth (Article 'a') was also produced at the Police station. The papers were later on transferred to City Kotwali, Ujjain, where a formal FIR was registered the same evening at 9. 00 p. m. and the investigation followed.

(3.) INSPECTOR Praveen Thakur (P. W. 18) visited the house of Jivanpuri and interrogated the inmates including Ashagiri. Ashagiri expressed her doubt about accused Golu @ Rajendra as his behaviour in the previous evening was found to be highly suspicious. In the following morning on 16-4-1996 all the accused/appellants were picked up by police from their respective houses, taken to police-out-post Indira Nagar and interrogated accused Sanjay gave information vide Ex. P-9 which led to the recovery of the body of the deceased from a septic tank at Indira Nagar, vide seizure memo (Ex. P-12 ). Various photographs of the body were also taken. The police conducted inquest under Section 174 of Cr. PC and got the autopsy of the body performed the same day. The post-mortem examination report (Ex. P-22)revealed that the deceased had died of asphyxia due to throttling.