1.

This criminal appeal, under Section 374 of Code of Criminal

Procedure, 1973 is directed against the judgment dated 26.03.2001

passed by the Court of Additional Sessions Judge, Sabalgarh, District

Morena in Sessions Trial No.192/1999, whereby the appellants Soneram

and Jaswant have been convicted and sentenced as under:-

S.No. Name of

accused

Section

Sentence

Fine

In default

stipulation

1

Soneram

and

Jaswant

302 of IPC life Imprisonment Rs.1000/-

six months

R.I.

2

Soneram

and

Jaswant

201 of IPC seven years of R.I. Rs.1000/-

six months

R.I.

3

Soneram

420 of IPC seven years of R.I. Rs.1000/-

six months

R.I.

2.

The Prosecution story, in nutshell, may be stated as under-

Around September to October, 1998, accused Soneram deceived

the complainant Prabhu that he will secure a job of Hostel Superintendent

at Bhopal for Harvilas, son of Prabhu but they will have to pay

Rs.60,000/- for securing the job. The complainant Prabhu paid

Rs.55,000/- to Soneram in the month of January, 1999. In order to

arrange the payment, Prabhu had taken loan from other persons. Harvilas

went along-with Soneram to Bhopal for getting the job as promised but

Soneram escaped from Railway Station, Bhopal. So, Harvilas returned to

his village Barakala, District Morena. After a few days, on 26.01.1999

Soneram and Jaswant again visited residence of Prabhu and stated that

job for Harvilas has been arranged, therefore, Harvilas may be sent with

them. Harvilas went to village Salampur on bicycle with Soneram. Three

days thereafter, accused Jaswant returned bicycle of Harvilas with an

(3)

inland letter to complainant Prabhu and Urmila Bai. In the said letter, it

was mentioned that Harvilas has reached Bhopal comfortably and

Rs.6,000/- be paid to Soneram.

3.

Naresh, a relative of Prabhu informed that Harvilas did not reach

village Salampur, therefore, Prabhu went to village Salampur and

enquired about Harvilas from Soneram. Soneram informed that Harvilas

is serving at Bhopal. Prabhu asked Soneram to accompany him to Bhopal

so that he may meet Harvilas. Soneram and Prabhu proceeded for Bhopal

by bus, but as the bus reached to Kailaras, Soneram fled away. On

suspicion, Prabhu lodged a report at Police Station Vijaypur, District

Sheopur on 01/02/1999 against the accused Soneram and Jaswant for

abduction of his son Harvilas. The inland letter of Harvilas delivered by

Jaswant to complainant Prabhu was seized.

4.

T. I. Suresh Chandra Dohare arrested Jaswant and Mithlesh (since

acquitted). Jaswant and Mithlesh on interrogation informed that dead

body of Harvilas is lying in a well of village Tailari. Pursuant to such

information given by Jaswant and Mithlesh in police custody, dead body

of Harvilas was recovered from a dry well at village Tailari, concealed

beneath dry leaves of sugarcane. Panchnama of dead body of Harvilas

(Exhibit P/2) was prepared and dead body was sent for autopsy. The

Medical Officer, on Post-mortem examination, opined that Harvilas had

died 5-10 days before the examination due to anti-mortem injury on his

skull.

5.

The full pant of deceased and a tomahawk (farsa) were recovered

at the instance of Jaswant. A pair of shoes and wooden stick were

recovered at the instance of Mithlesh. Soneram was arrested on

05.03.1999 and a blood-stained stone was recovered on his information .

6.

Sample of handwriting of accused Soneram and Jaswant was taken

and natural handwritings of accused Soneram, Jaswant and deceased

Harvilas were seized. The handwriting expert opined that the inland letter

(4)

was in the handwriting of Jaswant. After recording the statement of

witnesses and completing the investigation, police station Vijaypur

submitted charge-sheet against accused Soneram, Jaswant and Mithlesh.

7.

The Trial Court framed charges against Soneram under Section

420, 302, 201 of IPC and charges under Section 302, 201 of IPC were

framed against Jaswant and Mithlesh. Learned Sessions Judge, after

Trial, passed the impu