- (1.)This judgment shall govern the disposal of Cr.A.396/1999 [Neeraj Vs. The State of M.P.], Cr.A.462/1999 [Bhola Mahor Vs. The State of M.P.], Cr.A.465/1999 [Kallu Jatav Vs. The State of M.P.] and Cr.A.566/1999 [Pappu Pal Vs. The State of M.P.] since all these appeals have arisen out of the common judgment of conviction and order of sentence dated 27.07.1999 passed by the IV Additional Sessions Judge, Gwalior (M.P.) in Sessions Trial No.400/93 whereby the accused/appellants have been convicted under Section 302/34 of the Indian Penal Code and sentenced to suffer imprisonment for life (rigorous) each with a fine of Rs.2,000/- each with default stipulations.
(2.)Prosecution story, in nutshell, is that on 21.08.1993 at 9 A.M. Ram Narayan while going from Taraganj to the market at Balabai Ka Bag, Jamdar Ka Bagicha noticed that a dead body of a young man aged near about 23-24 years was lying half submerged in water. Ram Narayan informed the police on the basis of which Marg No.42/93 Ex.P-15 was registered and enquiry into the circumstances of death was taken up by A.S.I. Shri Dixit. Site-plan Ex.P-21 dated 21.08.1993 at 08:50 am and lash Panchayatnama Ex.P-22 dated 21.08.1993 were prepared. Ordinary clay and blood stained clay was seized from the site vide seizure memo Ex.P-23 dated 21.08.1993 at 11:30 am. One blue and one yellow coloured pair footwear (chappal) from the site were seized and seizure memo Ex.P-24 dated 21.08.1993 at 11:50 am was prepared. Clothes of the deceased were seized from the spot vide seizure memo Ex.P-25 dated 21.08.1993. The body was sent for the autopsy which was conducted by Dr. V.K. Diwan (PW-6) on 21.08.1993 at 05:30 pm who found that the death was homicidal in nature. Post Mortem report Ex.P-4 was prepared & signed by him.
(3.)On the basis of aforesaid investigation done by the Investigating Officer in the aforesaid Marg, an offence at Crime No.214/93 Ex.P-14 under Section 302/34 of the Indian Penal Code was registered at Police Station against unknown persons on 21.08.1993 at 10:00 pm. During investigation, it was revealed that in the evening of 20.08.1993 the deceased had gone with the accused persons and at about 08:30 pm he was seen near Taraganj bridge taking food alongwith 3-4 persons. On 20.08.93 at about 11:00 the accused appellant Neeraj had kept the bicycle of the deceased in the house of Nirpat (PW-5) and on 21.08.1993 he alongwith one person took it back. On 21.08.1993 the appellant Neeraj, Pappu went to the house of Chhiddilal (PW-2) stayed there in the night and took dinner. On 22.08.1993 Pappu and the appellant Neeraj came back leaving the bicycle at the house of Chhiddilal. On information given under Section 27 of the Evidence Act, the cycle was recovered by the Investigating Officer, Mr. M.L. Sharma (PW-15).
The cycle alongwith other recovered articles like Shirt, briefs, Nekar, footwear (Chappal), silver ring, chain and keys were identified by Randhir Singh, in Test Identification Parade conducted by Ramesh Patharia (PW-4). The TIP Memo of Ex.P-3 was prepared.