STATE OF M.P. Vs. DEEPAK

JUDGEMENT

(1.) Challenge in this appeal filed by the appellant-State of MP under Section 378 of the Cr.P.C. is to the acquittal recorded by the Second Additional Sessions Judge, Vidisha vide judgment passed in S.T. No.185/1998 dated 27.05.1999, whereby the respondent-Deepak was acquitted from the charge of offences punishable under Sections 377 and 302 of the IPC.

(2.) The prosecution story, in short, is that at Police Station, Gyaraspur on 26.07.1998, complainant-Malkhan Singh (PW-2) lodged report to the effect that on 25.07.1998 his nephew Mohar Singh aged about ten years had gone to the field situated in village Bori at 2.00 PM with his mother, but Mohar Singh did not return back to his house and on searching in the night at about 12.00 hours in a nalah (ukyk) between boundaries of village Bori and Mankapur, dead body of Mohar Singh was found. After recording marg report (Ex.P-1) of Malkhan Singh (PW-2) at 8.05 a.m., Head Constable Suresh Tiwari (PW- 8) on 26.07.1998 at 12.40 PM in presence of panch witnesses after inspecting dead body prepared inquest memo (Ex.P-3). In marg enquiry on 26.07.98, spot map (Ex.P-5) of the place, a bank of the nalah where dead body was lying, prepared by SHO P.K.Shukla (PW-12) and dead body was sent for postmortem. On 27.07.1998 at 10-15 AM. Dr. D.K.Sharma (PW-9) started postmortem of Mohar Singh aged about ten years and recorded postmortem report (Ex.P-10).

(3.) On 26.07.1998 on the spot, in the presence of witnesses, P.K.Shukla (PW-12) also seized a pair of white coloured nylon shoes of the deceased lying at some distance from the dead body with a page of notebook on which some calculation was made, vide seizure memo (Ex.P-13). After marg enquiry, on 28.07.1998 at Police Station Gyaraspur, FIR (EX.P-14) was recorded by Investigator P.K.Shukla (PW-12). The sealed clothes and visera received from hospital after postmortem were seized vide seizure memo (Ex.P-15) on 27.07.1998. Respondent-Deepak was arrested on 30.07.1998 vide arrest memo (Ex.P-7) and on the same day on his disclosure statement (Ex.P-8), the shoes worn by respondent were seized vide seizure memo (Ex.P-9) and the seized materials were sent to FSL for chemical analysis. After completing investigation, charge sheet was filed in the Court of CJM, Vidisha, who committed the arisen criminal case to the Court of Sessions, Judge, Vidisha.