ANIL & ANOTHER Vs. STATE OF M P

JUDGEMENT

(1.) This judgment shall govern the disposal of aforesaid all criminal appeals as they arise out of a common judgment in which Cr.A No. 839/2003 and Cr.A No.742/2003 have been filed assailing the impugned judgment dated 22/04/2003 passed by Additional Sessions Judge, Multai, in Sessions Trial No.168/2000 whereby the appellants have been convicted under sections 302/34 of the I.P.C. and sentenced them to undergo R.I. for life imprisonment along with fine with default stipulation as mentioned in the impugned judgment and Cr.A No. 100/2004 has been filed by the appellants under section 454 of the Cr.P.C, against the impugned order dated 22/04/2003 passed in S.T No.168/2000 whereby the order of confiscation of the seized motorcycle has been passed.

(2.) The case of the prosecution, in brief, is that on 01/05/2000 at 1.30 PM in police station Amla, Shambhu (PW-27) Village Kotwar of Village Rateda Khurd lodged a report that a dead body of unknown person has been lying on the agricultural field of Fagnu Gond. On this information Margh No. 31/2000 was registered and during the inquiry of margh an inquest report was prepared and the dead body was sent for autopsy. Near the dead body five buttons of shirt were lying and one broken piece of plastic component was found. The blood stained earth and aforesaid material were seized. As per the autopsy report of the surgeon, death of the deceased was taken place on account of strangulation and nature of the death was homicidal. Before the funeral of the deceased, near relatives have identified him as Chintu, S/o Devrao Pandagre, R/o Borikhurdh. Therefore FIR No. 89/2000 under section 302 of the IPC was registered on 06/05/2000.

(3.) During the investigation, it was revealed that there was a dispute between the deceased and co-accused Bablu, who is step brother of the deceased with regard to getting of retiral dues of their father Devraj and accused Bablu hatched a conspiracy with co-accused Anil and Dinesh. On 30/04/2000 deceased was taking part in the program of Pad-yatra and at night there was a camp at Village Jamdehi, where dinner was being prepared and at near about 9-10 PM, two persons came on a motorcycle and make query about the deceased Chintu and informed him that his relative in village Ghoda Dongri met with an accident and thereafter they took the deceased Chintu with them. That persons were identified by Golu (PW-28) and Dashrath (PW-30) as appellants Anil and Dinesh. Appellants Anil and Dinesh were arrested on 16/05/2000 and at the instance of accused Anil one motorcycle and a blood stained shirt were recovered from his house and plastic component of the head of the motorcycle was found broken, which were also seized separately. At the instance of accused Dinesh, the blood stained shirt was recovered from the back side of house of co-accused Anil and two buttons of that shirt were found missing. Accused Anil and Dinesh were medically examined and on their person near about 15 days old injuries were found and seized articles were sent for FSL and as per FSL report, the two buttons which were found near dead body of the deceased was same as was found in the shirt of the coaccused Dinesh and the broken plastic piece which was found near body of the deceased were found to be the part of the broken plastic component of head of the motorcycle recovered at the instance of co-accused Anil. Accused Bablu was found absconded on the date of the incident and some documents with regard to litigation between the deceased and appellant/accused Bablu and his mother Chindi Bai were collected thereafter charge sheet was filed on 30/04/2000 against the appellant/accused. Appellant/accused Bablu appeared during the trial on 09/06/2001.