STATE OF MADHYA PRADESH Vs. MANOJ GUPTA

JUDGEMENT

(1.) Appeal is directed against the judgement and order dated 12-5-89 of the IVth Addl. Sessions Judge, Indore passed in S.T. No. 282/85 whereby accused-respondents have been acquitted of the offences punishable u/Ss. 364, 302 and 201/34 IPC for having committed abduction for murder and murder of Jayasingh @ Pinki on the evening of 18-8-85 and for causing disappearance of evidence for screening the offender by throwing the dead body in the forest of Manpur.

(2.) It is not in dispute that Jayasingh @ Pinki was daughter of one Jaisingh (PW 1) and P.W. 23 Krishnasingh. Madhulika (P.W. 4) and Jitendrasingh (P.W. 8) are sister and brother of Jayasingh. Jaya @ Pinki was a student of B.Sc. Pt. I and was studying in Holkar Science College, Indore. She was aged 17 to 18 years at the time of her death, her birth being of 7th Dec. 1967 (Ex. P/55).

(3.) Accused Manoj Gupta was studying in Class XI in New Look School. Earlier to it, both were studying in the same school. Accused Ramdeen was the driver of accused Manoj at the time of incident.P.W. 1 Jaisingh and Telurar (father of accused Manoj) are neighbours.It is alleged accused had intimacy with Jaya @ Pinki (indirectly it is also suggested that probably they had illicit relations as such Jaya @ Pinki became pregnant).On the date of incident accused and Jaya were seen talking something privately by the side of the house. Thereafter Jaya @ Pinki left the house with a bag and dressed up with Kurti, Pajama and Dupatta. It was a festival of Ganesh Chaturthi as such her mother Krishna Singh had applied Mehdi and Mahavar on her feet.Jorawarsingh (PW. 18) who was a servant in the house of Jaisingh heard the sound of starting of motor-car in the house of accused.