MUNSHILAL Vs. STATE OF M P

JUDGEMENT

(1.) This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the judgment dated 22/9/2005 passed by Fifth Additional Sessions Judge (Fast Track Court), Morena in S.T. No.272/1998, by which the appellant has been convicted under Section 302 of IPC and has been sentenced to undergo life imprisonment and a fine of Rs.500/-.

(2.) The necessary facts for disposal of the present appeal in short are that according to the prosecution case, on 23/5/1997 the complainant-Hargovind (PW-1) lodged a report that on 22/5/1997 he had gone to attend the marriage ceremony of daughter of sonin-law of his elder brother, where the appellant had caused nuisance after consuming liquor and had slapped Bhura; the son of his daughter, and, therefore, he had tried to pacify the appellant, but he was also pushed by the appellant and also extended the threat. On persuasion by other relatives, the appellant went back to his house at Jaderua. After the entire marriage ceremonies were over, the complainant came back to his house, then his neighbors inquired about their health. When the complainant informed that nothing has happened to him, then the neighbors informed the complainant that at about 3 in the night, the appellant alongwith one more boy had come on a motorcycle and took away the son of the complainant, namely Mahesh with them, on the pretext that the wife of the complainant is seriously ill and is not speaking. Thereafter, the complainant came to Ghosipura, Jaderua alongwith his wife and searched for his son and the appellant, but could not get any information. Accordingly, a report was lodged expressing suspicion that because of hot talk in the marriage ceremony, the appellant might have abducted his son with evil intention. The police registered the FIR (Ex.P/1) on the basis of aforesaid complaint and recorded the statements of the witnesses. The appellant was searched and on 25/5/1997 he was arrested. The appellant made a confessional statement (Ex.P/11) and on the basis of disclosure statement made by the appellant, the dead body of the deceased-Mahesh was recovered and recovery Panchnama (Ex.P/7) was prepared. Dead body Panchnama (Ex.P/8) and spot map (Ex.P/9) were also prepared. The dead body of the deceased was sent for postmortem and after completing the investigation, the police filed the charge-sheet for offence under Sections 347, 364-A, 302, 34 of IPC against the appellant and one Gangaram and co-accused Pappu alias Laxminarayan was shown to be absconding.

(3.) The Trial Court by order dated 14/10/1999 framed charge under Section 302 of IPC against the appellant, whereas framed charge under Section 302 or in the alternative 302 read with Section 120-B of IPC against the co-accused Gangaram. The appellant as well as co-accused Gangaram abjured their guilt and pleaded not guilty.