JITENDRA Vs. STATE OF M.P.

JUDGEMENT

(1.) Since these appellants are convicted by a common judgment of conviction and sentence, therefore, these criminal appeals are finally heard and being decided by this common judgment. The appellants have filed these Criminal Appeals under Sec. 374 of the Code of Criminal Procedure, 1973 against the common judgment of conviction and sentence dtd. 25/11/2010 passed by the IX Additional Sessions Judge, Ujjain in Sessions Trial No.581/2009, whereby the appellants have been convicted and sentenced as under:-

(2.) As per the prosecution story, the complainant - Nirmal Kumar lodged a missing person report on 17/9/2009 that his son namely Manish (deceased) had been missing since the evening of 16/9/2009. At the same time, Suresh S/o Kanhaiyalal gave information to the police station that between the agricultural field of Mohan Kumawat and the road, one dead body was lying in bushes. The aforesaid information was recorded under Sec. 174 of the Cr.P.C. The dead body was identified as a missing person Manish by his father / complainant, thereafter, an F.I.R. was registered and the matter was taken into investigation. The spot map was prepared and after calling the Panch Witnesses, Lash Panchayatnama was also prepared. The dead body was sent for postmortem. From the spot, a leaf of the tree containing bloodstains, a broken beer bottle, two coins, and one pair of slippers were seized. The bloodstained clothes of the deceased were received from the hospital.

(3.) Upon suspicion these two appellants were arrested as the deceased was last seen with them in the Railway Colony, Ujjain. After arresting them, memorandum statements were recorded. On the statement of Amjad, a light-colored wallet and the driving license of the deceased were seized and upon disclosure by Jitendra, one mobile of Spice Company of the deceased was recovered from one Mukesh. All the seized articles were verified by the complainant Nirmal Kumar. The police also recovered the bloodstained clothes of Jitendra & Amjad. The seized articles collected from the scene of the crime were sent to Forensic Science Laboratory, Gwalior. The statements of the witnesses were recorded. The investigation was completed and charge-sheet was filed before the Judicial Magistrate First Class.