GAYA PRASAD SEN Vs. STATE OF M P

JUDGEMENT

(1.) The appellant is aggrieved by his conviction under Sections 364 and 302 of Indian Penal Code handed down by the 16th Additional Sessions Judge, Jabalpur. By the impugned judgment, the trial Judge found the appellant guilty on both counts and sentenced him to life imprisonment under Section 302 of IPC and ten years rigorous imprisonment under Section 364 of IPC. Both sentences to run concurrently.

(2.) The prosecution case, in short, is as under:

(3.) On 26.1.2006, Gautam @ Gunnu had gone to attend the Republic Day function in the school and did not return home. At about 2 p.m., his guardian Rajaram (PW-1) went to Police Station-Bargi to lodge report of missing person and also informed co-brother-in-law Santosh (PW-5) father of Gautam, who reached Bargi same evening in search of Gautam. Next day, they made enquires from school boys and learnt from Shubham (PW-4) that on previous day appellant lured away. On this information, police recorded F.I.R. for offence punishable under section 364 of the IPC and started investigation. During Investigation, on memorandum of appellant under Section 27 of the Evidence Act, dead body of Gautam was recovered from a well. After inquest, dead body was sent for postmortem. Dr. Sharma (PW-6) performed the autopsy and in his opinion death was due to drowning within five days of postmortem. After investigation, the charge-sheet was filed and accused was committed to face trial. As stated above, the trial Judge by the impugned judgment found appellant guilty of offences punishable under Sections 302 and 364 of the IPC. Hence, this appeal.