Virender Singh, J. - (1.)The appellant-Kadir Shah has preferred this appeal against the judgment and order dated 08/09/2004 passed in S.T. No.167/2003 by II ASJ, Shajapur whereby the learned Court has held the appellant guilty for the offence punishable under Section 396 of IPC and sentenced him for life imprisonment and fine of Rs.5,000/-, in default of payment of fine further to undergo R.I. for six months.
(2.)Sans unnecessary details facts of the case are that one Kailash was residing at New Township in Maksi with his wife- Sulochna and son-Dheeraj. On 24/07/2003 they were found dead in their house. Some one informed his father-in-law Ramnarayan (PW/1) on telephone about the incident. He rushed there and found them dead in the basement of the house. It was suspected that in the intervening night of 23rd and 24th of July, 2003 some one has killed them. He reported the incident to the police station-Maksi, District-Shajapur, who registered the case against unknown persons and visited the spot, called the witnesses, prepared panchnama lash, seized blood stains, plain soil, prepared spot map, sent the deadbodies for postmortem and proceeded for further investigation. During investigation, it was revealed that the ornament which Sulochana was wearing at the time of incident were missing. Ramnarayan and his wife Shyamubai told the police that they have gifted those ornaments to their daughter Sulochana. The police took the appellant alongwith four other co-accused persons into custody and interrogated them and recovered those ornaments from the possession of co-accused/Dinesh and Mahesh. The police also recovered blood stained, katar and knives from the possession of Dinesh, Dashrath, Mahesh and Modsingh. The police also arrested the appellant/Kadir Shah and on his disclosure recovered a knife from his possession. After completing investigation, the police filed the charge-sheet which was ended in the conviction of the appellants.
(3.)Against the impugned judgment and order, accused Dinesh and Mahesh filed criminal appeal No.1094/2004 and accused Modsingh, Dashrath and present appellant Kadir Shah filed criminal appeal No.1017/2004. Later co-accused Mahesh and Dinesh withdrew their appeal vide order dated 28/06/2017 and co-accused of present appeal Modsingh and Dashrath also withdrew their appeal vide order dated 28/06/2017. Hence, this judgment is being delivered only with regard to remaining appellant Kadir Shah in criminal appeal No.1017/2004.