GAJENDRA @ RAHUL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal by an accused under section 374 Cr.P.C., 1973 is directed against the judgment of conviction and order of sentence dated 11/05/2007 passed in sessions trial No. 274/2005 by I Additional Sessions Judge, Dewas, convicting the appellant under section 302 IPC and sentenced to suffer life imprisonment with fine of Rs. 200/- and in default of payment of fine to undergo six months additional imprisonment.

(2.) The prosecution story, in brief is that on 05/09/2005 the complainant Rakesh (P.W.1) at about 09.30 am was at his agricultural field, at that time one Rakesh s/o Anokilal came there informed that his son Aman was missing. On this, the complainant searched in the village whereupon Rahul (P.W.2) informed him that he saw Gajendra carrying Aman on his bicycle going towards Saroliya. Jagdish (P.W.3) also informed the complainant that he saw Gajendra alias Rahul alongwith Aman going on foot. Thereafter, the complainant and the other villagers searched for Aman and they also went to the house of Rahul situated at Dewas but, he was not found. Radhesyam (P.W.9) inquired through friend of Gajendra, namely; Rahul Panchal in the presence of Shankar, Vishnu, Bhagwan and Meharban, who disclosed that the accused, Gajendra alongwith Aman had been to the place of Imran and Rafiq. Still further inquiry, Rahul Panchal disclosed that all the accused persons were in the process of making a plan for the last 2-3 months to kidnap Aman for ransom. He has also disclosed that the plan for kidnapping was made sitting in the down corner of Lallu Seth hotel, Dewas. It was plotted that accused Gajendra shall bring the boy and Rahul Panchal monitor the affairs from the village as well as the boy will be in the custody of Imran and Rafiq. According to him, they have planned and kidnapped Aman. Rahul Panchal informed Imran on phone that Gajendra abducted Aman and the incident was known to the villagers. On the insistence of Radheshyam, Rahul Panchal talked on phone with Imran. On this, in the presence of all present there, Rahul made a phone call and accordingly, informed Imran that the incident of kidnapping since was known to all told him to run away. At about 09.45 pm the missing person information was given to the Station House Officer, Gopalsingh Chouhan (P.W.17) on telephone by one Balram Choudhary, resident of village Kailod. Roznamcha was prepared. He went to the village Kailod where the complainant Rakesh (P.W.1) lodged Dehati Nalish (exhibit P/1). The same was carried by Rupsingh Chouhan (P.W.16), A.S.I., to the Police Station Barotha Biviya whereat he registered the case at crime No. 269/2005 for the offence punishable under section 365 IPC (exhibit P/13). During investigation, the Investigating Officer (P.W.17) was informed that the accused Gajendra was arrested and lodged in the Police Station Kotwal Dewas. The accused was arrested and prepared arrest memo (exhibit P/7). In the presence of witnesses; Balram and Suresh, the accused told that Aman can be recovered near Mandir of Satibari forest (exhibit P/11). All of them went to the spot, i.e., Pahadi Nale (a small culvert flowing water on the hill top) in the Satibari forest. Thereafter, the accused shown the place where the dead body of Aman was lying. In the presence of panch witnesses, recovery panchnama (exhibit P/9) was prepared wherein the accused himself has stated that he caused injury on the head of Aman by a stone boulder. The complainant Rakesh identified the dead body (exhibit P/10). Spot maps were prepared vide exhibits P/23, P/24 & P/25. Also seized, simple earth, stone boulder, blood stained soil etc., All the seized articles were sent for FSL examination and the report is exhibit P/28. The dead body was sent for post mortem. On completion of the investigation, a charge sheet was filed against four accused persons including the present appellant before the concerned Court. The body of deceased was sent for post mortem.

(3.) Dr. N.K. Saxena (P.W.10) conducted post mortem (exhibit P/17) has found; (i) the age of deceased as 2 1/2 years; (ii) faced deformed, compressed side to side over right temple and left parieto temporal region behind left ear. Right eye ball sunken, eye semi open cornea hazy; left eye semi open cornea hazy. Bleeding present through left ear; body cold; post mortem (not clear) present over right side of face, front and chest and abdomen. Front of fore arms and front of both legs. Rigor mortis present over both lower limbs; natural orifices do show any abnormality except left ear in which blood was present; an abrasion 5 cms., diameter was present over front of left knee and opined that death was caused due to shock as a result of injuries to vital part of the brain. As such, deceased had suffered death within 12-24 hours of the post mortem.