RAMESH @ PAPIA AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants A-1 Ramesh @ Papia, A-2 Prakash Deshantri and A-3 Ramesh Khatri S/o Dashrath Kumar have been convicted of offence under Sections 302 and 364, Indian Penal Code., on the charge of kidnapping and murder of a minor boy Kamlesh aged 7 years son of PW-1 Leeladhar and each of them sentenced to imprisonment for life and to pay Rs. 5,000.00 by the judgment of the learned Additional Sessions Judge, Banner dated 31.1.2002.

(2.) Briefly stated the prosecution case is that on 16.4.1998 PW-1 Leeladhar submitted a missing report Ex.P-1 at Police Station, Banner stating that on 5.4.1998 his son Kamlesh aged 7 years left for the school in the morning but did not return till evening at 7.00 P.M. On 19.4.1998 another written report Ex.P-2 was submitted by PW-1 Leeladhar stating inter alia that during the search of his missing son, he received an information from the police tracing out the dead body of his son found in forest behind Surjesar Hillock. He went to the spot alongwith his relatives and found the dead body of his deceased son in decomposed and mutilated condition. Some parts of the body were eaten by animals. He also found a Pent, Bushirt, Belt, Shoes, Socks and School Bag of his deceased son lying near the dead body. He identified the dead body, i.e., of his son. He suspected involvement of A-3 Ramesh Khatri S/o Dashrath Kumar, A-1 Ramesh alias Papia S/o Bhanwarlal, Inder, Ganesh etc. in murder of his son. He also stated. that his son had left the house in the company of Santosh S/o Pitamber for going to the school. A-1 Ramesh leaving his nephew Santsoh picked up deceased Kamlesh on the scooter. It was disclosed by his wife that A-2 Ramesh had also followed them. It was further stated that some time back his wife had seen A-3 Ramesh Khatri entering in the house of his neighbour in suspicious circumstances. It was suspected that Ramesh Khatri was having illicit relations with Mst. Pannu the daughter of his neighbour. The said fact was made public by his wife. This led to hostility between two families. A-3 Ramesh threatened them of finishing the family on getting the opportunity. On this information the police registered a case for offences under Sections 364 and 302, Indian Penal Code., and proceeded with investigation. The police sent the dead body for autopsy which was conducted by a Medical Board. The accused persons were arrested and incriminating articles were recovered in pursuance of the information given by them. After usual investigation police laid charge-sheet against the appellants for offences under Sections 302 and 364, Indian Penal Code. The appellants pleaded not guilty to the charges levelled against them. The prosecution led oral and documentary evidence in order to prove the complicity of the appellants in the crime relying on the following place of circumstances:-

(3.) The appellants in their statement under Sec. 313 of the Code of Criminal Procedure denied the correctness of the prosecution evidence appearing against them. A perusal of the judgment shows that the learned Judge averted only to the evidence of last seed and having found the same proved convicted and sentenced the appellants in the manner stated above. The learned Judge has not addressed to other two circumstances viz. recovery , of the incriminating article and the motive.