Case: Prakash Vs. State Of Rajasthan

a) This is a case of kidnapping and murder of a 7 year old child out of enmity.b) On 16.04.1998, Leeladhar (PW-1) lodged a report at Police Station, Barmer stating that on 15.04.1998 his son Kamlesh aged about 7 years left for the school in the morning but did not return home till evening at 7.00 p.m. In pursuance of the said report, the police made a search. On 19.04.1998, on an information by Hansraj (PW-8), Khet Singh (PW-9) and Bheemaram (PW-11) that a dead body of a boy was found lying on the hill of Sujeshwar in mutilated condition, the police along with one Leeladhar (PW-1) went to the spot. They found that some parts of the dead body were eaten by the animals. From the clothes, shoes, socks and school bag, PW-1 identified the dead body as that of his son.c) On 19.04.1998, another report of kidnapping and murder was lodged by Leeladhar (PW-1) suspecting the involvement of Ramesh S/o Dashrath, Prakash s/o Gautamchand, Ramesh @ Papiya S/o Bhanwar Lal, Pannu, Inder S/o Murlidhar, Ganesh and Pappu. After the investigation and recovery, the police arrested Prakash, Ramesh @ Papia and Ramesh Khatri on 22.04.1998 and a charge sheet under Sections 302, 364 and 120-B of IPC was filed against the accused persons.d) By order dated 31.01.2002 in Sessions Case No.28 of 1998, the Additional Sessions Judge, Barmer convicted all the three accused persons for the offences punishable under Sections 302, 364 and 120-B of IPC and sentenced them under Section 302, to undergo life imprisonment with a fine of Rs.5000/- each, in default of payment of fine, further to undergo rigorous imprisonment for one year, under Section 364, RI for 7 years with a fine of Rs.2000 each, in default of payment of fine, further to undergo RI for 6 months and under Section 120-B to undergo 7 years RI with a fine of Rs.2000 each, in default of payment of fine, further to undergo 6 months RI.e) Challenging the order of conviction and sentence, the appellants filed appeal being D.B. Criminal Appeal No. 154 of 2002 before the High Court. By order dated 02.03.2006, the High Court dismissed the appeal filed by the appellants herein.f) Aggrieved by the said order, the appellants have preferred these appeals by way of special leave.

Reasoning:
It is true that counsel appearing for the appellant pointed out the discrepancy in the evidence of PWs 11, 12, 16 and 21 about the condition of the dead body. It is relevant to point out that these prosecution witnesses are villagers and further the body was recovered only on 20.04.1998 whereas the incident occurred on 15.04.1998. In fact, PWs 9 and 11 cattle grazers have deposed that the dead body was partly eaten by dog. In view of the same, merely because the prosecution witnesses were not consistent in describing the dead body of 14 year old boy, the entire prosecution case cannot be disbelieved.15) In the course of investigation and in pursuance of the information given by A-1, pant and shirt stained with blood of Ramesh were recovered from his house in the presence of PWs 21 and 23. The pant and shirt were seized and sealed in a packet marked as S-8. It is further seen that as per FSL report, Exh.P-86, the presence of blood on the pant and shirt are of human origin.16) In the light of the above discussion, we hold that the prosecution has established all the circumstances by cogent and acceptable evidence and if we consider all the circumstances it leads to a conclusion that it was the appellants/accused who kidnapped and committed the murder of the deceased Kamlesh. We are satisfied that the trial Court has rightly accepted the prosecution case and awarded life sentence which was affirmed by the High Court. We fully concur with the said conclusion.