MATAPRASAD AND ANOTHER Vs. STATE OF M P

JUDGEMENT

(1.) This Criminal Appeal has been filed by the appellants under Section 374 of Cr.P.C. being aggrieved by judgment of conviction and sentence dt.27.08.20004 passed by the court of Special Judge (Dacoity) Bhind in Special Case No.38/2004 convicting the the appellants under Section 364-A and 302 of IPC and sentenced to Life Imprisonment and fine of Rs.5, 000/- each and in default of payment of fine, 3-3 years additional R.I. Similarly, they have been convicted under Section 201 of IPC with seven years R.I. and fine of Rs.2, 000/- each and in default of payment of fine, one year additional R.I. Both the sentences were directed to run concurrently.

(2.) Prosecution case in short is that on 23.11.2003, deceased Brajmohan Sharma alongwith his father and grandfather had visited Surpura to attend public meeting of Former Central Minister and after returning from such public meeting at about 5.00 p.m. had arranged for fodder etc. for buffaloes and had gone towards the public road. It is alleged that from there accused Mataprasad had taken the deceased to his residence with an alibi to treat some skin infection (fungal infection) and thereafter called his father to pay the ransom. When ransom could not be arranged, deceased Brajmohan was murdered.

(3.) When deceased Brajmohan had not returned to his house on the date of incident, then FIR (Ex.P/13) was recorded by the complainant Ashok Kumar Sharma at Police Station and thereafter Ashok Sharma started receiving phone calls from some unknown persons demanding ransom of Rs. 3 lakhs but when Ashok Sharma expressed his inability to pay the huge sum of ransom, then amount of ransom was bargained to Rs.2.5 lakh but when complainant Ashok Sharma asked caller to permit him to talk to his son, then deceased was never connected to the complainant. In the meanwhile, complainant had informed S.P. Bhind regarding such demand of ransom when telephone numbers of complainant were put on watch and calls were tapped. As per (P.W.12) referring to Ex.P/5, P/6 and P/7, it was revealed that calls were being made from a mobile number and on the basis of such mobile communication it was traced that such mobile phone was belonging to one Ramsingh Sikarwar. This Idea number when was scanned revealed that maximum calls were made to one Lakhan Singh S/o Shri Deenanath Kushwah R/o Morena, therefore, Lakhan Singh was investigated and he revealed that in fact the phone was though in the name of one Sikarwar but it was being used by the accused Mataprasad on the basis of which Mataprasad was arrested from Morena and memorandum under Section 27 of the Evidence Act was prepared. Burnt bones of the deceased Brajmohan Sharma were recovered from a Bamba vide Ex.P/14, Panchnama and on the disclosure of Mataprasad clothes of the deceased Brajmohan were recovered. FSL report was obtained on the basis of confiscated bones and according to such FSL report (Ex.P/23), the bones were of some person, who was a male between the age of 20-25 years. Thereafter charge sheet was filed on 17.05.2004. Charges were framed under the provisions of Section 364-A/34, 302/34, 201/34 IPC read with Sections 11/13 of the M.P.D.V.P.K. Act.