ANKUSH WADHWA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A damaged car, an injured young man inside the car, a dead body of a young lady lying beyond a wall, not far from the damaged car, allegations of kidnapping, murder and destruction of evidence, defense of accident, the conviction of both the appellants for various offences are the different strands weaving the tapestry of this case. The appellants, Ankush wadhwa ("a-1", for short) and Dwarka prasad ("a-2", for short) have challenged the judgment dated 29. 09. 2001, passed by the additional Sessions Judge, No. 4, Kota whereby the appellants have been convicted and sentenced as under ankush Wadhwa (A-1) Offences u/s. 302 IPC sentence life Imprisonment along with a fine of Rs. 2. 000/-, in default thereof rigorous imprisonment for six months. U/s. 363 IPC five years rigorous imprisonment along with a fine of Rs. 500/-, in default thereof rigorous imprisonment for three months. U/s. 201 IPC one year rigorous imprisonment along with a fine of Rs. 500/-, default thereof rigorous imprisonment for three months. U/s. 120-B r/w 201 IPC three months rigorous imprisonment alongwith a fine of Rs. 500/-, in default thereof rigorous imprisonment for three months. Dwarka Prasad (A-2)U/s. 119 IPC simple imprisonment for three years. U/s. 201 IPC one year simple imprisonment along with a fine of Rs. 500, in default thereof simple imprisonment for three months. U/s 217 IPC one year simple imprisonment. . . . U/s. 120-B r/w 201 IPC three months rigorous imprisonment along with a fine of Rs. 500/-in default thereof three months rigorous imprisonment.

(2.) THE facts of the case are that on 20. 05. 1998, at 9:00 PM, Mr. Zile Singh Rana (P. W. 18) lodged a written report (Ex. P. 122)at Police Station Nayapura, Kota wherein he claimed that "his daughter, Neelu Rana (the deceased, in this case), aged eighteen years old, about four feet nine inches tall, wheatish complexioned, round faced, having short hair, wearing blue pant and blue checkered top, and wearing sandals of maroon colour, left their house around 2:00 PM and went to NIIT, an institute for computer training, for doing a computer course. She has not returned back home. Therefore, he requested the police to search for her. He further stated that she was carrying a file and was wearing a wrist watch when she left the house. " (English translation of the written report)

(3.) ACCORDING to the prosecution, having lodged the missing report, Mr. Zile Singh (P. W. 18) started searching for his daughter. According to Mr. Zile Singh having lodged the missing report, he spoke to the Superintendent of Police, Mr. Rajeev Dashot. He also spoke to his neighbour, Mr. Satyapal singh (P. W. 56) who was also the SHO of police Station Vigyan Nagar, Kota. Thereafter, Mr. Zile Singh and Mr. Satyapal Singh went out looking for Neelu Rana. They first went to the house of one Mr. Vishal and then to the house of a "computerwala". However, neither of these two persons could tell them anything about the whereabouts of Neelu rana. He further claimed that when he called to his house, his other daughter, Neha rana (P. W. 47) told him that Neelu Rana had gone with A-1. When he asked her about the residential address of A-1, she told him that he lives somewhere near the Sophia school. Thereafter, he and Satyapal Singh searched for the house of A-l near the sophia School. While they were looking for the said house, around 10:00 PM, Mr. Satyapal Singh received a wireless message, in his police jeep, that one Mr. Kan Singh (P. W. 23), ASI, Police Station, Khaitoon has brought a dead body ,of a girl to the mortuary at M. B. S. Government Hospital. Therefore, Mr. Zile Singh and Mr. Satyapal Singh rushed to the Government Hospital. At the hospital, Mr. Zile Singh identified the dead body as the body of his daughter, Neelu rana. They also met Mr. Kan Singh who told them that he had recovered the dead body of Neelu Rana from the jungle situated at dhad Devi -Motipura Road. According to Mr. Kan Singh, the dead body was lying forty-five steps away from a wall.