SONU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the Code of Criminal Procedure has been filed by the appellants/accused challenging the impugned judgment of conviction and sentence dtd. 14/12/2017 passed by the learned First Additional Sessions Judge, Multai, District Betul in Sessions Trial No.172/2012 [State of M.P. Vs. Sonu and two others] whereby appellants (Sonu & Amar) have been convicted for offences under Sec. 120B, 364 & 302 of IPC and they have been sentenced under Sec. 364 IPC for Life Imprisonment with fine of Rs.10,000.00 and Sec. 302 of IPC for Life Imprisonment with fine of Rs.25,000.00, with default stipulations but not separately sentenced under Sec. 120B of IPC. Co-accused (Deepak) has been acquitted of the charges under Sec. 120B, 364, 302 read with Sec. 34 of IPC.

(2.) As per prosecution story, on 15/6/2012 one Aarti (PW.2) who is sister of deceased-Jitendra informed at the Police Station, Amla that she is a resident of New Govind Colony, Amla and a student of BAMS Course in Dhanwantri College, Ujjain. She is residing in her home at Amla for last two months. Her brother is Jitendra (deceased). On 14/6/2012 at around 11.30 pm appellant- accused (Amar) came to call the deceased by stating that his brother-in-law (Sonu) has called him, for which deceased was not ready but accused-Amar forcibly took the deceased. Bhupendra, younger brother of deceased, saw accused persons, namely, Sonu Sweeper, Deepak Sweeper and Amar Sweeper opposite Rest House Stand alongwith deceased-Jitendra going towards Bus Stand. She also stated that wife of accused-Sonu was a Booking Clerk in Railway. Jitendra-deceased and accused-Sonu's wife both were working together in the Railways at Multai as booking clerks. Accused- Sonu was having suspicion of illicit relations between his wife and deceased. Therefore, all the accused persons hatched criminal conspiracy and murdered her brother (Jitendra) whose dead body is lying in the Loco Shed.

(3.) On the information of Aarti (PW.2), Merg Intimation No.25/12 (Ex.P/3) was instituted at P.S.Amla and accordingly, crime at FIR No.243/12 (Ex.P/4) at PS was registered for offences under Sec. 364, 302, 120-B of IPC against accused persons. The police prepared 'Naksha Panchayat' of dead body (Ex.P/2), prepared spot map (Ex.P/5), recorded statements of witnesses, on the basis of memorandum under Sec. 27 of the Evidence Act (Exhibits-P13 to P/15), seized knives from accused persons and prepared iron knives seizure memo (Exhibits-P/16 to P/18), arrested accused persons and prepared arrest memo (Exhibits-P/22, 23 & 24). The Police after completing the investigation filed charge-sheet against the accused/appellants for offences under Sec. 364, 302, 120B of IPC. The Magistrate Court committed the case to the Sessions Court for hearing. Charges were framed against the appellants on 29/11/2012 for offences under Sec. 364, 120-B, 302/34 of IPC by the Second Additional Sessions Judge, Multai.