MUNNA @ SUDEKH @ SADDAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Both the Criminal Appeals are arising out of the common judgment dated 9-06-2003, passed by 4th Additional Sessions Judge Jabalpur in S.T.No.463/2007. In Criminal Appeal No.2246/2008 challenge has been made to the order of conviction and sentence of appellant Munna @ Sudekh @ Saddam for offences punishable under section 366 of IPC to undergo R.I. for 5 years and fine of Rs. 500/-, in default, to suffer further R.I. for 2 months; under section 376(2)(g) of IPC to undergo R.I. for 10 years and fine of Rs. 500/-, in default, to suffer further R.I. for 2 months and under Section 302 of IPC to undergo imprisonment for life and fine of Rs. 1000/-, in default, to suffer further R.I. for 3 months, whereas the other appeal (Cri.Appeal No.2232/2009) is filed by the State under Section 378(3) of the Code of Criminal Procedure against the order of acquittal in respect of 5 accused persons.

(2.) The short facts of the case are that on 31-05- 2007 at 9.00 PM, deceased Ku.Nikita, aged about 5 years was abducted by appellant Munna @ Sudekh @ Saddam without consent and will of her parents. On the same night, she was raped and murdered by appellant Munna @ Sudekh @ Saddam and her dead body was thrown nearby house. Her father Dilip Kumar Verma made a search in the whole night but he did not find his daughter. Next day on 01-06-2007, at 5.00 A.M. her dead body was lying nearby his house. The allegation is that on 31-05-2007, there was a celebration on the retirement of neighbour Bhojraj Patel, Dilip Verma father of deceased also went to attend the said function with her minor daughter Ku.Nikita. She was dancing with other children, so father came back alone his house but Ku.Nikita remained there. Meanwhile, it is alleged that appellant/accused Munna @ Sudekh @ Saddam brought her in his house where she was raped and murdered. The matter was reported to the Gorakhpur Police Station and a case of abduction and murder was registered and the investigation was carried out. On the basis of statement of PW-5 Ram Milan Yadav and PW-6 Vinod Kumar Kol, who had last seen the deceased going with appellant Munna @ Sudekh @ Saddam, the search was made and thereafter other evidence was also collected. The investigation was carried out by PW-15 Rajesh Tiwari. On the intimation, Dehatinalshi was registered by PW-12 Ramji Pandey and thereafter the FIR was registered. The charge sheet was filed against all the 6 accused persons for commission of offence under Section 366, 376(2)(g) and 302 of IPC.

(3.) The prosecution examined total 16 witnesses. The learned trial court convicted appellant Munna @ Sudekh @ Saddam and 5 accused persons were acquitted. Since the facts and evidence are common, therefore, both the appeals are being decided by the present order.