AMIR KHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) This revision under section 397 read with section 401 of the Code of Criminal Procedure, 1973 has been filed, to assail the order dated 25.4.201 f, passed by IVth Additional Sessions Judge, Rewa, in Sessions Trial No. 52/2017.

(2.) Brief facts of the prosecution story are that, on 1.10.2016 the applicant along with other co-accused, namely, Anil Mishra and Akshit Pandey killed Priyanka Mishra wife of Anil Mishra. According to the prosecution, unknown dead body was lying besides a water canal at village Bhatlo, District Rewa. On the information the Police lodged First Information Report. Dead body was later identified as Priyanka Mishra, wife of accused-Anil Mishra. On the basis of memorandum, the petitioner has been implicated as an accused. During the investigation, it was found that accused-Anil Mishra was suspecting the fidelity of Ms. Priyanka Mishra. To teach her a lesson, he took Ms. Priyanka Mishra in a XUV Motor Car. The petitioner-Amir Khan was driving the vehicle and the co-accused persons-Akshit Pandey and Anil Mishra were sitting on the vehicle. They picked up Ms. Priyanka Mishra in the Car. Her scooty was kept on the road. Allegedly, accused-Anil Mishra hit her on the head and strangulated her, holding her neck in the running vehicle. Her head was pressed under the seat. When Ms. Priyanka stopped resisting, knowing that she is dead, they wanted to dispose the dead body in the canal. The clothes and inner garments of Ms. Privanka Mishra were burnt. Stick was put in her private part. Accused persons-Anil Mishra and Akshit Pandey took out the dead body from the vehicle. Accused-Anil Mishra then took a blade from his pocket and cut the artery of her hand, so that she should not remain alive. Then her dead body was thrown into the canal. They fled away towards Govindgarh Road and again came back to Rewa. The mobile SIM of Ms. Priyanka Mishra was broken into pieces and was thrown away. The copies kept in her bag were thrown one by one on the way. The hand gloves which Ms. Priyanka Mishra had worn were thrown near Gadariya Road. Akshit Pandey was dropped at his house. The petitioner-Amir Khan was dropped at Sirmour Chouraha. The vehicle was kept near the house of the one Rinku Mishra. Accused-Anil Mishra then left for his home. On the memorandum of accused-Anil Mishra certain articles were seized from him, along with XUV Car (MP-17-CB/2593). The clothes were also seized from accused Akshit Pandey. The dad body was sent for post-mortem. The scooty of Ms. Priyanka was seized from the open place. After completion of investigation charge-sheet has been filed.

(3.) Learned Trial Court framed charges against the accused persons including the petitioner for offences under section 302 read with sections 34 and 201 of the Indian Penal Code.