MAHENDRA RAI Vs. LAXMAN PATEL

JUDGEMENT

(1.) COMPLAINANT Mahendra Rai has filed this revision against the judgment dated 1st October, 2007 passed by the Additional sessions Judge, Damoh in Sessions Trial No. 30/2004, acquitting the non-applicants/accused of the charge under sections 364,365,342, 376 (2) (f) (g), 302 and 201 of the Indian Penal Code.

(2.) IN short, prosecution case is that complainant Mahendra rai lodged a missing report in respect of his six year old daughter mohani @ Mini on 25. 11. 2003. On 28. 11. 2003 at about 7:30 A. M. when Deepchand went at the well situated near his field, he saw dead body of a girl floating in the well. He informed the police Hata in that regard. A marg No. 74/2003 (Ex. P/1) was recorded.

(3.) WHEN Mahendra Rai was called to see the dead body of the child, he identified it to be of his daughter Mini @ Mohani. A golden cloth was tied around the neck of the girl, tongue was protruding out, her feet, knees and hands were tied. There were some abrasion marks on her face and neck. Dehati Naleshi Ex. P/27 was recorded at the spot. Sniffer-dogs were called from Damoh and sagar and after drawing the memorandum, dogs were made to smell the dead body. The dog of Damoh Police went towards the room in which the accused Laxman used to reside. The room was locked. Discerning the indication given by the dog, the room was got opened. Dog entered the room and touched and shuffled the bag and baggage kept inside the room. Thereafter the room was sealed. This dog was handled by constable Komal Singh (PW11 ). On the same day, another dog was brought from Sagar which was handled by constable Prakash Narayan Sharma (PW22 ). This dog was also given smell of the dead body. This dog too went to the room of accused laxman, which was already locked and sealed by the police. Again the lock was opened. Dog entered the room and tried to pull the bag and bedding kept inside the room. The bedding and the clothes kept in the bag were seized by the police. The activity of dog was recorded in memorandum Ex. P/14.