JUDGMENT :

Atul Sreedharan, J.

The Appellant Chandresh Marskole, has filed this appeal aggrieved by the judgment and conviction dated 31/07/2009, passed in Sessions Trial No.06/2009 by the learned 8th Additional Sessions Judge, Bhopal, by which, the Appellant was found guilty of an offence U/s.302 of the I.P.C and sentenced to suffer rigorous imprisonment for life. A fine of Rs.5000/- was also imposed upon him, which was deposited by the Appellant vide receipt No.59, book No.10430 on 31/07/2009 itself. He was also found guilty of an offence U/s.201 of the I.P.C and was convicted and sentenced to suffer rigorous imprisonment for a term of three years for the said offence.

For reasons given in this judgement, the case reveals a sordid saga of manipulative and preconceived investigation followed by a malicious prosecution, where the police have investigated the case with the sole purpose of falsely implicating the Appellant and perhaps, deliberately protecting a prosecution witness who may have been the actual culprit.

PROSECUTION’S CASE IN BRIEF :

2. The case is entirely pivoted on circumstantial evidence. There are no eye-witnesses to the alleged murder. There is, however, an alleged eye-witness Ram Prasad (PW-9), to the disposal of the body of the deceased, by the Appellant. The deceased is a girl named Shruti Hill. The Appellant was allegedly in a relationship with her and is alleged to have murdered and disposed of her body. The motive for the crime has not been established.

3. On 19/08/08, the Appellant is alleged to have borrowed the Toyota Qualis vehicle, bearing No. MP04 HB 1550 belonging to Dr. Hemant Verma (hereinafter referred to as PW1), to go to Hoshangabad for some urgent work. PW1, is a Senior Resident at the Gandhi Medical College, attached to the Hamidia Hospital at Bhopal. The Appellant, at the material point of time was a student of M.B.B.S studying in the fourth (final) year and staying in room No.61 in “B” Block of the boy’s hostel of Gandhi Medical College, Bhopal. PW1, though initially hesitant, gave in to the Appellant’s request when he persisted. PW1 rang up his driver Ram Prasad (hereinafter referred to as PW9) and asked him to take the Appellant to Hoshangabad. Thereafter, the Appellant is said to have spoken to PW9 and asked him to get the vehicle to Boys Hostel “B” Block. Around 11.45 AM of 19/09/08, the Appellant is said to have met PW9 and introduced himself and brought a bedding from his room, which was placed in the dickey of the car and they commenced their journey towards Hoshangabad.

4. At around 12.10 p.m., when the vehicle reached Budhni Ghat, the Appellant is stated to have told PW9 to take the vehicle towards Pachmarhi. On the way to Pachmarhi, they stopped at Pipariya, had a cup of tea. When the vehicle reached near “Denwa Darshan Mazhar”, the Appellant told PW9 to stop the vehicle. The time was around 4.45 PM. The driver says that he went about two hundred and fifty feet away from the car to answer nature’s call, when he suddenly hear d a “thud” sound and rushed towards the vehicle and found that the dickey of the vehicle was open and the bedding was missing. PW9 further says that he saw the Appellant standing near the railing just before the ravine and after that, the Appellant is stated to have told PW9 to proceed towards Pachmarhi.

5. At the Nandan Dhaba Crossing in Pachmarhi, the Appellant is alleged to have got down from the vehicle to speak to a boy. The conversation between the Appellant and that boy lasted for a minute and after that, the Appellant came to the car and told PW9 that the work for which the Appellant had come to Pachmarhi could not be done and asked PW9 to take the Appellant back to Bhopal.

6. PW9 says that they returned to Bhopal by 10.00 p.m. Thereafter, attempts were made by PW9 to contact PW1, but he was not available to take the call on 19/09/08.

7. In the evening of