RITESH Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellant Ritesh was tried of a charge under Section 302, 201, IPC, 1860 and Section 25(1) (B) of the Indian Arms Act, 1959, on an allegation that on 25.11.1995, he committed the murder of Jaishree Thakkar who was engaged with him for marriage and thus, committed an offence under Section 302, IPC and with a view to obliterate evidence of commission of the aforesaid crime caused injuries to himself and further with a view to screen himself from punishment lodged a report at the police station through his friend Alpesh Bhandari (PW10). The first Additional Sessions Judge, Indore, by impunged judgment dated 22.2.2003, convicted the appellant under Section 302, IPC for life imprisonment with fine of Rs.25,000/-, in default of payment of fine 3 years RI, but acquitted the appellant under Section 25 (1) (B) of the Arms Act and 201, IPC.

(2.) The facts emerging from the record of the case are as under :-

(3.) As per prosecution the appellant was attracted towards Jaishree, who was very good and beautiful and a proposal was made to her by him for marriage. This proposal was sent through Ashok Shah to her parents. The parents took one month's time to consider the proposal and thereafter accepted the aforesaid proposal. Their engagement took place on 5.2.1995. After 2-3 months of engagement both Jaishree and Ritesh, started going out to various places together. It is alleged that Ritesh suggested to Jaishree that she should reduce her weight, their marriage was to solemnize on 30th November, 1995. It is further alleged that before marriage appellant Ritesh had started disliking Jaishree and he started feeling that after marriage it would not be possible to live together. On 25.11.1995, there was a party at the house of Sapna Turkiya (PW5), a childhood friend of Jaishree. On that date the appellant had picked up Jaishree from the house of Sapna (PW5) for their usual evening drive and for pleasure outing and carried her in the Maruti Car of Alpesh Bhandari (PW10), to a deserted place, on the bank of Biawali Tank. He while pretending to talk in love, took out a 'Katar' (knife) which he had concealed in his trouser and caused multiple injuries to her, which resulted in her death. Thereafter, he took out chain (bracelet) and ring from her body and threw the same in the tank of Biawali. In order to destroy the evidence and to mislead appellant Ritesh struck his head by striking a stone and also inflicted a injury to himself by a knife (Katarnuma). Thereafter travelling a little distance from the spot of the crime, Ritesh came near the road and cried for help. His friend Alpesh Bhandari (PW10), who had reached there, was informed by him that two unknown assailants have injured Jaishree and while he intervened and tried to save her, he was also injured. This false story was reported by PW10 to the police. This report was registered as FIR No.505/93 at police station Bhanwar Kuan, Indore.