IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA &

HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)

ON THE 16^th OF NOVEMBER, 2022 CRIMINAL APPEAL No. 167 of 2011 BETWEEN:-

DILIP S/O RAMCHANDRA KHATI, AGED ABOUT 29 YEARS, OCCUPATION: A LABOURER IN HOTEL, R/O KUMHAR MOHALLA, NEAR TITROT GATE, SITAMAU, DISTT.MANDSAUR (MADHYA PRADESH)

.....APPELLANT (SHRI YOGESH KUMAR GUPTA, COUNSEL FOR THE PETITIONER)

AND THE STATE OF MADHYA PRADESH THROUGH P.S. SITAMAU, DISTRICT MANDSAUR (MADHYA PRADESH)

.....RESPONDENTS (SHRI MUKESH KUMAWAT, G.A. FOR STATE)

This appeal coming on for orders this day, JUSTICE VIJAY KUMAR SHUKLA passed the following:

JUDGMENT

The present appeal is filed under section 374(2) Cr.P.C. challenging the order of conviction and sentence dated 29.1.2011 passed by VI Additional Sessions Judge (II Addl.Sessions Judge of Fast Track Court) Mandsaur in S.T.No.99/2008 whereby the appellant has been convicted under section 302 and 376 of IPC and sentenced to undergo life imprisonment with fine of Rs.

1,000/-, in default of payment of fine to undergo further 3 months R.I..

The accused was charged for commission of rape and murder of 3 Signature Not Verified Signed by: MUKTA persons in the intervening night of 27th and 28th February 2008 in Krishna colony, Khedaroad, Sitamau, district Mandsaur. The prosecution case is that on 28.2.2008, Vaibhav (PW-1) informed the police about finding of deadbody of mother Rajubai and two sisters Hema and Neelu in the house which he left previous night when the lights were off in order to study and going to the hotel being run by his grandfather. On the basis of said report, police registered an inquest and started investigation. Panchnama of deadbodies was prepared and deadbodies were sent for postmortem examination to Civil Hospital, Sitamau. Postmortems were conducted and it was found by the team of 3 Doctors that death of all the 3 ladies was homicidal. It was also found that one Hema was subjected to sex. Vaginal swab was taken from the vagina of Hema and the same was sent for chemical examination. The appellant was arrested by police and DNA test was carried out and his sperm was tallied with the sperm found on the swab of prosecutrix. A piece of rope was also seized by the police during investigation. After investigation, challan of triple murder and rape of Hema was filed. The case was committed to the Court of Sessions. After trial and examination of witnesses of prosecution and defence, the appellant has been convicted and sentenced as mentioned in the preceding paragraph.

Vaibhav Rathore (PW-1) who had lodged the report deposed that deceased Rajubai was his mother and Hema and Neelu were his sisters. On the night of the incident he had gone to stay in his uncle's shop. On the next day he came back around 12.30 p.m. and found that that door was locked with kundi from outside. After opening the door, he entered the house and found that household articles were scattered and his mother and sisters were lying dead. He immediately called on mobile and informed his uncle Raju from mobile of one Jeevan. Thereafter a report was lodged vide Ex.P/1 in the police station.

Signature Not Verified Signed by: MUKTA The police came on spot and safina form (Ex.P/3 & P/4) and Naksha Panchayatnama (Ex.P/5 to P/7) were prepared. The spot inspection Ex.P/8 was also prepared. Rajendra (PW-3) deposed that accused Dilip works in his hotel. On 28.2.2008 he was informed by Vaibhav about the death of his mother, Rajubai and sisters Neelu and Hema. He went to the house of Vaibhav along with his father and mother and saw that Neelu, Hema and Rajubai were lying dead. Satyendra Singh Sisodiya (PW-13) stated that he was posted as Incharge, P.S. Sitamau on 28.2.2008. He had registered marg inquest (Ex.P/1) on the information received from Vaibhav (PW-1). He went to the spot, prepared Naksha Panchahyatnama (Ex.P/5, P/6 and P/7 and registered FIR (Ex.P/32). He further stated that dead body of Nee