RAJU PRAJAPATI Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been filed against judgment dated 09.09.2008 passed in Sessions Trial No.2/2006 by Additional Sessions Judge (Dacoity), Panna convicting and sentencing the appellant as under :

(2.) The prosecution story, in brief, is that in the intervening night of 22nd & 23rd June, 2006, complainant-Neelkanth Ahirwar (PW-5) and her family members alongwith Pooja (deceased) after having dinner were sleeping in the backyard of their house. Daughter Pooja was sleeping adjacent to the complainant. In the morning at about 4 to 4:30 AM when the complainant awoke, he found that Pooja is missing and door of the backyard was open. He started searching her alongwith her family members and villagers. Meanwhile her eldest daughter found a letter demanding ransom. When daughter Pooja could not be traced, then the complainant lodged a report with the police.

(3.) Police started inquiry on the basis of ransom letter three in number produced by the complainant and the police advised the complainant to keep a bag with money on the place mentioned in the ransom letter. After keeping the bag, complainant went away and when appellant/accused reached at the spot to collect the ransom money kept in the bag, he was arrested by the police on the spot and on the basis of appellant memorandum, skeleton of deceased Pooja was recovered and seized. The same was sent to Medico Legal Expert, Bhopal for examination. After examination, it was found that the skeleton discovered at the instance of accused is of human origin and of a female aged between 10-12 years. Ransom letter, three in number which was allegedly written by the appellant-accused was sent for examination by hand writing expert after taking specimen writing of accused/appellant. Hand writing expert found that the writing of the letters were similar to the writing of the appellant/accused. After completing investigation, charge-sheet was filed against the three accused persons under Section 302, 364A and 201 of IPC and Section 11/13 of the Adhiniyam, 1981.