VEERU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal against the judgment dated 18.1.2017 passed by Additional Judge to IV Additional Sessions Judge, Shivpuri (M.P.) in Sessions Trial No.158/2006, whereby the appellant has been convicted of offence under Section 302 of IPC and sentenced to Life Imprisonment with a fine of Rs.100/-.

(2.) The prosecution's case, in short, is that on 5.5.2006 Pannalal (PW-1) had lodged a missing report at Police Station Rannod that his daughter Rachna was missing since the noon of 4.5.2006. The deceased Rachna was only 8 years old. Pannalal and others have tried to search for Rachna but she could not be recovered. After getting the missing report recorded in Rojnamcha Ex.P- 21, search was started. One witness Lal Sahab (PW-6) found the dead body of deceased Rachna and on his intimation her dead body was recovered on 5.5.2006 at about 9 o'clock in the morning by a recovery memo, Ex.P-29. The dead body was sent for post-mortem. A team of doctors including Dr. V.C.Goyal (PW-11), Dr. S.K.Bansal (PW-12) had performed the post-mortem on the body of the deceased and gave a report, Ex.P-16. According to these doctors, the neck of the deceased was cut through and through and, therefore, she had died. Sub-Inspector Kushal Bhadoriya (PW-19) recorded the FIR, Ex.P-17, and its counter was sent to the concerned Magistrate.

(3.) He examined various witnesses. He went to the spot and prepared a spot map, Ex.P-9. He took the soil from the spot which was bloodstained and a seizure memo, Ex.P-6, was prepared. On recording the case diary statements of various witnesses like Manoj (PW-3), Genda (PW-15) and Munshi (PW-16), a clue was received that it was the appellant, who took the deceased with him on 4.5.2006. The appellant Veeru was arrested and interrogation was started. The appellant Veeru gave his statement about his clothes and a memo under Section 27 of the Evidence Act, Ex.P-1, was prepared. Thereafter his clothes were seized by recovery memo, Ex.P-3. Similarly, on memo given by the appellant, one silver payal was recovered from him and recovery memo, Ex.P-8, was prepared. Again on his information a knife was recovered from the appellant and a recovery memo, Ex.P-9, was prepared. Also from the appellant and coaccused Veer Singh one shirt and underwear were recovered by recovery memo, Ex.P-2. The payal and underwear etc. were sent for identification. The Tahsildar S.K.Dubey arranged for identification of such articles and prepared identification memo, Ex.P-13. Pannalal (PW-1), Guddibai (PW-2), parents of the deceased identified the articles of the deceased. All the seized articles were sent for forensic science examination by a letter, Ex.P-28. However, no report of Forensic Science Laborary was filed till the disposal of the trial. After due investigation, the charge sheet was filed before the Judicial Magistrate First Class, Kolaras, who committed the case to the Court of Session and ultimately it was transferred to Additional Judge to IV Additional Sessions Judge, Shivpuri.