CHANDRA KUMAR KANKARIYA Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANTS have filed this appeal against the judgment dated 22-11-1991 passed by the Second Additional Sessions Judge, Ualaghat, in S. T. No. 32 of 1991 convicting the appellants under Sections 302/34 and 201 of IPC and sentencing them to imprisonment for life and rigorous imprisonment for five years respectively. Appellant No. 1 Chandra Kumar has been further convicted under Section 404 of IPC and sentenced to R. I. for three years.

(2.) BRIEFLY stated, the prosecution story is that on 24-10-1990 at about 4. 00 P. M. Girish Kumar Tiwari (deceased) had left his house on his Rajdoot Motorcycle No. CIJ-391. When he did not return till late in night, his wife Smt. Roopa Tiwari informed Girish's cousin Pramod Tiwari at about 10-11 o'clock in night. She informed him that Girish had told her that he was going to fetch money from Pragati Plastic Factory Bhatera. When Girish had gone from house, he had been wearing brown shirt, black terricot full-pant, a gold chain, two gold rings and a wrist watch. On search, when he was not found, on 25-10-1990 Pramod Tiwari lodged the report about his missing at Police Station, I3alaghat, which was recorded at Rojnamcha No. 2099. On getting information that Girish had met accused Chandra Kumar on 24-10-1990 in Pragati Plastic Factory, police interrogated Chandra Kumar on 25th and 26th of October, 1990. On facts emerging out on inquiry police found it to be a case of abduction and registered a case under Section 364 of IPC. On 27-10-1990, during investigation, it was disclosed that accused Chandra Kumar and other accused persons had murdered Girish Tiwari in Pragati Plastic Factory, Jhatera and had concealed the dead body wrapped in a gunny bag in a Nala near Sonbehri. On information of accused Chandra Kumar recorded under Section 27 of the Evidence Act and at his instance the dead body was recovered from Sonbehri Nala and a case under merg was registered.

(3.) DURING investigation, on the information of accused Chandra Kumar a gold chain, gold rings, silver locket and Rs. 500/- cash of deceased were recovered from his house and a register of accounts belonging to deceased was seized from the house of Hansmukh Katre. At the instance of accused Babboo @ Maqbool blood stained clothes, which he was wearing at the time of occurrence and an iron rod were seized. On the information of accused Hamid, Motorcycle of deceased was seized lying near by the Nala and his blood stained clothes were also seized. At the instance of accused Malla (lihalla) @ Devendra an electric wire which was allegedly used for tying the dead body on the motorcycle and his blood stained clothes were recovered. A carpet, Cement Plaster of the floor, marble tiles and an iron rod were seized from the Pragati Plastic Factory. The seized Articles were sent to F. S. L. Sagar and to F. S. L. Kolkata for serological examination.