MOHAN Vs. STATE OF M P

JUDGEMENT

(1.) BEING dissatisfied with the judgment dated 15th July, 1994 rendered in sessions Trial No. 227/1992 by the learned V th Add l. Sessions Judge, Indore, whereby he convicted the appellant for the offence under Sections 377 and 302 of Indian Penal Code and sentenced to suffer 10 years' R. I. and imprisonment for life, respectively, the appellant has preferred this appeal. However, both the sentences were directed to run concurrently.

(2.) IN brief the prosecution case as narrated before the Trial Court was that prosecution witness Pratap (P. W. 2) and appellant Mohan were serving in the hotel (DHABA) of Jasbir (P. W. 1 ). Deceased, Ramesh, aged about 10 years, often used to come to meet appellant in the said Dhaba. On 1-3-1992, in the evening between 6 - 6. 30 p. m. Pratap (P. W. 2) and one Suresh had seen appellant going with the deceased boy Ramesh towards river. Thereafter deceased Ramesh did not return back to his house; therefore, his mother menabai went in search but did not find him. She enquired from Pratap (P. W. 2), who in his turn told Menabai about seeing the deceased Ramesh in the company of appellant in the evening while going towards the river. Mother menabai, her relations and villagers searched deceased Ramesh but failed to trace him out. In the night at 1. 00 a. m. Menabai, her relations and prosecution witness Pratap (P. W. 2) enquired from appellant who admitted before them regarding commission of unnatural offence (sodomy) with the deceased ramesh and thereafter commission of his murder. Appellant took them to the place where the dead body was lying. Deceased was found lying naked and near the body one pair of shoes were also lying. Thereafter one Kishanlal on 2-3-1992 at 3. 30 a. m. lodged the report in police station. Police party reached on the spot, prepared the inquest of the dead body and sent the same for postmortem. Post-mortem was performed by Dr. R. K. Singh (P. W. 3) and his report is Ex. P-3.

(3.) THE Investigating Officer seized blood stained, controlled earth, clothes of deceased and the shoes lying near the dead body. He also prepared the map (Ex. P-9 ). Appellant was arrested on the same day, i. e. , 2-3-1992 and sent for his medical examination. Dr. Bhanu Pratap Singh (P. W. 4) examined him and found some injuries on his person. His MLC report is Ex. P-6. Pair of shoes which were seized from the spot and the appellant was asked to put them on and the same were of correct size of his feet. Memorandum to this effect vide Ex. P-15 was prepared by the Investigating Officer N. L. Chouhan (P. W. 9 ). After due investigation, charge-sheet was filed for the above mentioned offences. The appellant has pleaded innocence. According to him, he was falsely implicated by witness Pratap (P. W. 2) and one Suresh because of animocity. Prosecution has examined ten witnesses in its support whereas appellant has not examined any witness in defence. The appellant has been convicted as mentioned above.