IN REFERENCE (RECEIVED FROM DISTRICT & SESSIONS JUDGE Vs. BHAGWANI
LAWS(MPH)-2018-5-14
HIGH COURT OF MADHYA PRADESH (AT: JABALPUR)
Decided on May 09,2018

In Reference (Received From District And Sessions Judge Appellant
VERSUS
BHAGWANI Respondents

JUDGEMENT

Nandita Dubey, J. - (1.) This death reference and connected appeal arise out of the Judgment of conviction passed by the Sessions Judge, Dindori holding the accused persons guilty of the charges levelled against them in the trial.
(2.) It is undisputed that the deceased and the accused persons are resident of the same village and on 14.04.2017, the family of the deceased as well as the accused Bhagwani had gone to attend the Chowk ceremony at the house of one Anil Maravi. It is also undisputed that in the early morning of 15.04.2017, both the accused had gone to the house of Jaipal (PW.9) asking for liquor, and when the mother of accused-appellant Bhagwani came there, they went away. It is also an admitted fact that the deceased had gone to the house of accused Satish to keep blanket and shawl.
(3.) The prosecution case, in nut shell, is that in the intervening night of 14.04.2017 and 15.04.2017, the accused kidnapped the deceased who was aged 11 years and after committing gang rape on her, throttled her to death. It is alleged that on 14.04.2017 at around 9 PM, the deceased, aged 11 years had gone with her parents to attend the chowk ceremony, from where she went missing . She was last seen going to the house of accused Satish to keep blanket and shawl. Her father Brajlal (PW.2) and mother Kalawati (PW.1) searched for her all through the night, but their efforts were rendered futile. At 5 AM on next morning i.e.15.04.2017 her dead body was ultimately found lying near a hand pump situated near the road. Her slacks were drawn below the knee and there were injuries and scratches on the neck and different parts of body of deceased, her genitals were blood soaked. It was suspected that between 11 PM to 4 AM some unknown person has kidnapped the deceased and committed the heinous offence of rape and after silencing her dumped the body near the hand pump. On the basis of this report, Marg was recorded and FIR was registered against unknown persons at Crime No.39/2017.;


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