ASHOK YADAV AND ORS. versus STATE OF MADHYA PRADESH

Citation: [1996] SUPP. 8 S.C.R. 820 · Decided: 19-11-1996 · Supreme Court of India · Bench: A.S. ANAND, K.T. THOMAS · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
ASHOK Y ADAV AND ORS. 
v. 
ST A TE OF MADHYA PRADESH 
NOVEMBER 19, 1996. 
B 
[DR. A.S. ANAND AND K.T. THOMAS, JJ.] 
Indian Penal Cade, 1860: 
Ss.363, 364 and 302-Kidnapping-A school going child kidnapped-
C Later he was found dead-Appellants prosecuted u!Ss,364 and 302--Trial-
Prosecution led evidence as regards kidnapping-Circumstantial evidence-
Conviction and sentence by trial court on both counts upheld by High 
Court-Held, evidence led by prosecution is of conclusive nature as regards 
kidnapping of the deceased, but inconclusive with regard to offence of 
murder-Chain of evidence not complete as to leave no doubt about the 
D conclusion that appellants commi11ed the murder-Fae/um of kidnapping 
with intention to commit murder not established-Conviction and sentence 
u!Ss, 364 and 302 set aside-Appellants convicted u/s, 363 and sentenced 
to RJ. for 5 years. 
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal Nos. 
E 58-59 of 1995. 
From the Judgment and Order date~ 8.4.94 of the Madhya Pradesh 
High Court in Crl. A. Nos. 44 and 72 and 1991. 
F 
M.M. Kashyap for the Appellants. 
U.N. Bachawat, Prashant Kumar and Uma Nath Singh for the 
Respondent. 
G 
The following Order of the Court was delivered : 
These appeals are directed against the judgment of the High Court 
of Madhya Pradesh dated 8th April, 1994 dismissing the appeals filed by 
the appellants against their conviction a'nd sentence as recorded by the 
learned Sessions Judge on 18th January, 1991. The appellants were 
H convicted of offences under sections 364 and 302 !PC and were sentenced 
820 
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ASHOK YADAVv. STATEOFM.P. 
821 
to five years rigorous imprisonment and to pay a fine of Rs. 500 and in A 
default two months simple imprisonment on the first count and to life 
imprisonment and a fine of Rs. 1,000 and in default three months simple 
imprisonment on the second count. 
The prosecution case in brief is that on 2nd September, 19~7 at 
about 9.15 p.m., Ramgovind Sharma, PW. 9 lodged a report at P.S. Jhansi B 
Road regarding the missing of his son Avadhesh Sharma who had gone to 
the school but had not returned. He gave the description and identification 
of his son in the report. After registration of the missing person report, 
Ext. P-3, an intimation was sent to the Control Room. During the 
investigation statements of various prosecution witnesses including Ram 
Bharose Bajpayee, PW. I and Rati Ram, PW. 7 were recorded. According C 
to their statements, they had seen Avadhesh alongwith the appellants near 
Ravi Shankar Hostel, Medical Tiraha. On the basis of this information, a 
search was made for the appellants. They were not found at their houses. 
A case under section 364/34 IPC was registered on 3rd September, 1987 
at I O' Clock at night. A search was started and ultimately the dead body 
of Avadesh was found between the bushes and trees in the Chattri. A D 
punchnama of the dead body was prepared and the dead body was sent for 
post-mortem examination. Dr. V.K. Deewan, P.W., conducted the post-
mortem examination and found a number of injuries. on his person. 
According to his opinion, death of the deceased had occurred on account 
of strangulation and the injuries on his chest, which had led to failure of 
respiratory system. The appellants came to be arrested during the E 
investigation on 6th September, 1987. Gauri Shankar, appellant, is alleged 
to have made a disclosure statement which is admissible under section 27 
of the Evidence Act leading to the recovery of a watch which, according 
to the prosecution, was on the person of the deceased when he left for 
school in the morning of 2nd September, 1987. Mohan, appellant, allegedly 
made a statement admissible under section 27 of the Evidence Act leading F 
to the recovery of a pen while Veerandra, appellant, allegedly made a 
statement admissible under Section 27 of the Evidence Act leading to the 
recovery of a dot pen. No recovery was effected from Ashok, appellant. 
The recovered articles were sent to the police station for identification G 
and Shri B.K. Agrawal, Naib Tahsildar, PW. 11 conducted an identification 
parade in the Tehsil Office of Gwalior on 18th September, 1987. Ramgovind 
Sharma, PW.3 and his wife Saroj, PW. IO identified the seized articles as 
the ones which the deceased was carrying with him on the day of the 
occurrence. After completion of the investigation the appellants were sent 
up for trial and convicted and sentenced as already noticed. 
H 
822 
SUPR

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