NEERAJ ALIAS TIKIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS judgment shall goverp the disposal of the aforesaid three appeals, as they are arising out of the common judgment dated 30/1/2000 passed by the First Addl. Sessions Judge, Ashok nagar, District Guna in S. T. No. 173/97, whereby the Sessions Court has convicted all the three appellants-accused for commission of offences under Sections 364-A, 302, 397 and 201 of I. P. C. , and sentenced them to undergo imprisonment for life with fine of Rs. 2,000/- each for commission of offence under Section 302 of I. P. C. and on failure to deposit fine amount to undergo another term of one year's R. I. , they are also sentenced for imprisonment of life with fine of rs. 2,000/- each for commission of offence under Section 364-A of I. P. C, and on failure to deposit fine amount to undergo one year's r. I. , again seven years R. I. for commission of offence under Section 397 of I. P. C. , and five years R. I. with fine of Rs. 1,000/- each, for commission of offence under Section 201 of I. P. C. and on failure to deposit fine amount to undergo another period of six month's R. I. All the sentences were directed to run concurrently.

(2.) AS per the prosecution case, a minor girl named Juhi aged around two and half years d/o Jinedra Jain (PW-3) was playing in front of her house on 12/2/96 and thereafter she was missing and not found. PW-1 sunil Kumar Jain, uncle of Juhi lodged the complaint at P. S. Shadora at about 11-30 p. m. on the same day which is Ex. P/1. On 13/2/96, a telephonic message was received by the parents of Juhi demanding a sum of rs. 50,000/- towards ransom and stating that the letter is kept near the well and the action be taken in accordance with the contents of the said letter. When this information was given to the police, the police registered Crime No. 18/96 for commission of offence under Section 365 of I. P. C. The letter was seized from the well (Ex. P/3), as per the seizure-memo (Ex. P/2 ). The police after investigation could not trace the accused and hence FR was submitted on 15/11/96.

(3.) ON 23/2/97 some informant gave an information to the police and investigation was again re-started. All the three accused were arrested on 8/3/97. During the investigation, these three accused admitted that they have committed murder of Juhi by throttling her neck and stated that they have thrown her dead-body in the well owned by Mohan Singh Raghuvanshi. On the basis of the information given by the accused, the memorandums under Section 27 of the Evidence Act were prepared vide p/9, P/10 and P/ll on 8/3/97 at 12-10,12-05 and 12-00 p. m. , respectively. On the basis of these memorandums, the well of Mohan singh was searched and some bones were recovered from the well. These bones were of a young child. A Pajeb (silver ornaments)which was worn by the child was recovered from one of the accused named Raju. After seizure of the bones and the said ornaments, the police registered the case against all the three accused for commission of offences under Sections 365, 302, 397, and 201 of i. P. C. , and filed challan against them. The matter was committed to the Court of Sessions. The Sessions Court framed charges against the accused-appellants for the alleged offences under Sections 364-A in the alternative 365, 302, 397 and 201 of I. P. C. The Sessions Court after framing charges and after recording of the evidence, convicted the present appellants as stated above. Aggrieved by their conviction and sentence as mentioned hereinabove, all the three appellants have preferred these appeals.