MOHAN K PRAJAPATI Vs. STATE OF M P

JUDGEMENT

(1.) This appeal by the convicted accused, is directed against the judgment dated 24-3-2003 of the learned VIIIth Addl. Sessions Judge, Indore, in Session trial No. 239/2000 by which, while acquitting co-accused Prakash-chandra Chouhan and Ms. Binu Chouhan, the learned Judge has convicted the appellant under Section 302 and 364 of the Indian Penal Code and sentenced him under each count to undergo imprisonment for life and pay fine ofRs.100/-.

(2.) The appellant was prosecuted for the offence u/S. 364, 364-A, 302 and 201 of IPC along with the acquitted accused who were prosecuted for the said 6ffence r/w. Sec. 34 of the IPC, on the allegation that on 24-8-1994, at about 7.00 a.m., they had kidnapped Gaurav s/o Satishchandra, aged 12 years, with a view to demand ransom and otherwise to cause his death and in pursuance thereof demand for ransom was made and eventually the child, the demand having not been fulfilled, was murdered. The case of the prosecution was that on the said date while the child was proceeding towards his school, Saraswati Shishu Mandir, on a bicycle, he was accosted en route and kidnapped, leaving his satchel and bicycle behind. A woman of the locality, on witnessing that the child had been kidnapped, had rushed to the house of the complainant and narrated the event to him. A search was instituted but the child was not found. In the meanwhile, some one had thrown a note in a polythene by means of a stone containing a ransom note. The matter was reported to the police by Satishchandra Garg (PW3) and FIR (Ex. P/2) was recorded at 8:20 a.m. on the same day. Investigation commenced, during which again a ransom note in a box of sweets containing eyes of a goat was received making a demand of Rs.1,00,000/- for the release of the kidnapped boy. The said note was seized vide Ex. P/3. The note was followed by series of such demands, but no further progress was made in the matter.

(3.) The investigation also did not make appreciable progress. However, after five years the accused was apprehended in relation to a case of theft in which, according to the prosecution, he gave information with regard to the said case of kidnapping. He was arrested and on interrogation a pocket diary was pointed out by the accused which was seized vide Ex. P/11, on 9-12-2000. Another note book was seized vide Ex. P/6. His house was searched and post cards written by him were seized, vide Ex. P/23. On 10-12-1999, the Scooter said to be belonging to the appellant was seized and its documents were seized from Khanuja Auto Deal vide Ex. P/14. Specimen hand-writing was obtained on 10-12-1999 vide Exs. P/166 to P/171. Further specimen hand-writing was obtained vide Exs. P/143 to P/148. Further interrogation led to the discovery of the pieces of the dead body buried in 'Simrol Ghat' which were seized vide Ex. P/28. Photographer was also called to take photographs and entry to this effect was made in the general diary vide Exs. P/161 and P/162. Appellant Mohan was further interrogated and on his disclosure with regard to the clothes and shoes of the deceased, the same were recovered and seized vide Ex. P/29. Entry to this effect was made in the general diary vide Ex. P/163. A hak-saw, as per the information given by the appellant was seized vide Ex. D/13.