IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRA No. 595 of 2014 (GOLU @ MAHESH Vs THE STATE OF MADHYA PRADESH)

&

CRA No. 875 of 2014 (SUNNY @ JITENDRA Vs STATE OF M P)

Dated :03-08-2022 Shri Virendra Sharma, learned counsel for the appellants in CRA No.595/2014.

Shri Rishiraj Trivedi, learned counsel for the appellants in CRA No.875/2014.

Shri Kamal Kumar Tiwari, learned G.A for the respondent/State.

Heard on I.A. No.6189/2021, which is the third application for suspension of sentence filed on behalf of the appellant – Golu @ Mahesh in CRA No.595/2014 & I.A. No.9850/2019, which is the first application for suspension of sentence filed on behalf of the appellant –

Sunny @ Jitendra in CRA No.875/2014.

The appellants have been convicted vide judgment dated

06.03.2014 passed by learned 7^th ASJ, Ujjain, District-Ujjain in S.T. No.289/2013. The conviction and sentence of the appellant – Golu @ Mahesh in CRA No.595/2014 and appellant – Sunny @ Jitendra in CRA No.875/2014 is as under:-

Conviction	Sentence
Section & Act	Imprisonment	Fine deposited details	Imprisonment in lieu of Fine
Sec.302 of I.P.C.	Life imprisonment	Rs.10,000/-	One year SI

Sec. 201 of IPC 3 years R.I. Rs.1000/- Six months SI The prosecution story in brief is that on 05.03.2013, Digvijay Singh, police constable No.1262 (PW-8) received discrete information to the effect that the deceased Deepu Nai is missing and appellants- Golu, Sunny and Vijay are also not seen in the locality and about 7-8 days before dispute arose between the appellants and deceased (Deepu Nai) on the transaction of money and from that day the Deepu Nai was missing and suspected that he was murdered by the appellants and dead body was thrown somewhere, then, constable Digvijay Singh (PW-8) went to Anand Nagar at the resident of Deepu Nai (deceased) and found that the house was locked, then he searched for the appellant and about discrete information, he informed SHO, Rakesh Mohan Shukla (PW-16). That information was entered into “daily diary” at No.255 at 08.15 a.m. (Ex.P- 32). On 05.03.2013, at around 08.30 a.m., SHO, Rakesh Mohan Shukla (PW-16) and police team left for the crime scene and on the same day at around 10.30 a.m., the appellant- Golu @ Mahesh was taken into custody and his disclosure statement (Ex.P-2) was made, in which Golu @ Mahesh informed that on 26.02.2013, he along with other co-accused persons had caused the injuries to deceased (Deepu Nai) using stone and knife and thrown his body in a well situated at the house of the deceased. After that the investigation officer (PW-16) broke the lock of the house of the deceased in presence of the witnesses and in that regard, Panchnama (Ex.P-1) was prepared and "Naksha Mouka" (Ex.P-7) was also prepared. As per disclosure statement (Ex.P-2) of appellant-Golu, the dead body of the deceased (Deepu Nai) was found floating in the well and was retrieved and Panchnama (Ex.P-6) was made in which various injuries on the body of the deceased were found. The dead body was then sent to the police hospital, Ujjain for postmortem and according to the postmortem report Ex.P-11, the time of the death of the deceased was 7- 10 days before the postmortem and the cause of the death was “profuse hemorrhage and shock as a result of stabbed incised wound injuries over chest and vital organs” and opined that the nature of the death was homicidal.

During investigation, blood stains, which were swapped with cotton from the floor of the place of incident, iron lock, which was broken to enter the house of the deceased, three white buttons, one red button, one half burnt "Beedi" and one "cigarette bud" were collected in different plastic bags vide seizure memo Ex. P-9. During investigation, On 06.03.2013 appellant- Vijay @ Sabji (appellant in Cr.A. No.436/2014) and Sunny @ Jitendra were also taken in custody and disclosure statement (Ex.P-38) of appellant Golu @ Mahesh was recorded and on that disclosure statement, blood stained cover of sofa-set was recover

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