SURESH KUMAR JADIA Vs. STATE OF M P

JUDGEMENT

(1.) All the appeals arise out of the judgment and sentence passed in Sessions Trial No.99/97 and 33/02 whereby appellants in all the appeals have been found guilty for the offence under section 302, IPC and punished with death and for the offence under section 460, IPC, they are sentenced to imprisonment for life and fine of Rs.100/-, on failure to pay the fine amount to further undergo R.I. for three months.

(2.) According to prosecution, appellants entered the house of Mahesh Kumar Jadia in the night intervening 21st and 22nd August 1997. After entering the house, they committed the murder of Mahesh, Sushma, Sumitra, Shakti, Meena and Punnobai. It is further alleged that appellants had entered the house with an intention to commit theft of diamonds and diamond studded gold jwellery amounting to Rs.46,500/-. Appellants administered poison to Mahesh, Sushma, Sumitra, Shakti, Meena and Punnobai and committed theft of jwellery. In the morning, on 22/8/97, information about murders was given on telephone to officer-incharge N.K.Parihar of police station Kotwali at about 6.15 in the morning by Suresh Jadia, brother of deceased Mahesh Jadia. Investigating Officer N.K.Parihar (PW43) went to the spot and met Ramkripal (PW23) brother of deceased Mahesh and other members of his family. He found that the doors of the room of deceased Mahesh were open in which dead bodies of Mahesh, his wife and child Shakti were lying. Doors of the second and third rooms were also opened. In the third room dead bodies of mother, sister and daughter of deceased Mahesh were lying. Offence was registered against unknown persons and copy of FIR (Ex.P/61) was sent to Chief Judicial Magistrate, Panna on 22/8/97 which was received by the concerned Court on 23/8/97. Dead bodies were sent for post mortem and thereafter viscera of the dead bodies of the deceased were seized and sent to Forensic Lab for examination. Members of the Forensic Lab Mobile Party reached the spot . They inspected the house and photographs were taken by them and room was sealed. On the same day, finger print expert of FSL, Sagar, reached the spot with sniffer dog. Finger print expert inspected the place and sniffer dog was made to sniff the place. Again on 23/8/97, team of finger print experts reached the spot. They removed the panel of windows of room no.1 and wrote a letter (Ex.P/25) for forwarding them to Sagar. On the same day, statements of Dangal Prasad Jadia, brother of deceased Mahesh Prasad Jadia, resident of Bombay was recorded along with Jagannath Bagri, Neetu Uria, appellant Suresh, Shivmangal and Santosh. On 24/8/97, recovery of blood stained clothes of deceased was made from the spot and blood and other material were sent for chemical examination and after investigation appellants were arrested.

(3.) Appellants denied the charges and on denial of the charges, they were tried by the trial Court and after recording the evidence, appellants have been convicted.