DINESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This judgment shall govern the disposal of all the three appeals.

(2.) These appeals have been preferred by the appellants against the judgment dtd. 24/9/2013 passed by the 7th Additional Sessions Judge, Gwalior (M.P.) in S.T.No.18/2012, whereby the appellants have been convicted under Ss. 364-A/34, 302/34 and 201/34 read with Sec. 13 of the MPDVPK Act and sentenced to undergo life imprisonment with fine of Rs.2,000.00 each under Ss. 364-A/34 and 302/34 of IPC and 3 years RI with fine of Rs.1,000.00 under Sec. 201/34 read with Sec. 13 of the MPDVPK Act with default stipulations.

(3.) Prosecution case, in brief, is that deceased Rohit was the son of Dharmendra Singh (PW-1) and was residing at Shatabdipuram, Gwalior along with his parents. On 19/3/2012 at about 6 pm he was playing in the park and thereafter he went missing and could not be traced. On 20/3/2012 at police Station Maharajpura his missing person report was recorded. On 27/3/2012 on the mobile number of father of the deceased 9893139206 one call was received from mobile number 07566602381 and the caller said that Rohit is in his possession and demanded Rs.20,00,000.00 in lieu of his release. On 30/3/2012 also father of the deceased received the ransom call. During investigation, police arrested accused Devendra on 1/4/2012 and recorded his memorandum statement under Sec. 27 of the Evidence Act in which he disclosed that he along with his son Dinesh and Pankaj Sharma and Rahul after abduction of Rohit committed his murder and buried his body in the forest of Raun. At his instance, on 1/4/2012 from the rugged in between Mangarh Mehra Khurd 32 pieces of bones, hair, torn pant, shirt, undergarment, towel, shoe, blood stained soil were seized vide seizure memo Ex.P/19. The father of the deceased identified the pant and shirt of the deceased. Remaining accused persons were arrested and vide seizure memo Ex.P/8, Ex.P/10 and Ex.P/12 mobile has been seized from their possession. Blade of iron by which deceased Rohit was killed was seized vide Ex.P/17 from accused Devendra.