On the school getting over at 11.30 AM, the three minors left the school for home on foot.
The accused received the call and told that he was 60 kms away.
After companysidering the aggravating and mitigating circumstances and after having heard the accused on the quantum of sentence, the learned Trial Court awarded the death sentence, which was numbered as Reference No.
When they did number reach home, ShivlalP.W.18 looked for the children in the vicinity and went to school and enquired about the children.
P12 Panchnama of Site Map in presence of Ex.
On number finding the three minor children, ShivlalP.W.18 went to the police station, Raipur and lodged the Missing Person Report.
W.1 Shweta Tiwari Witness of minors leaving the 0 12.08.2011 school together for home on foot after the school getting over.
05 of 2013 before the High Court.
As per the learned companynsel appearing on behalf of the accused, there are companytradictions in the depositions of various witnesses, more particularly, P.W.1 and P.W.8 having told that they had seen the accused with the minor children on 11.02.2011 and even with respect to the telephonic calls and having talked with the accused after 11.02.2011.
According to the prosecution, after the FIR was lodged, the accused was companytacted on his mobile number 9179484724.
Therefore, as such, the chain of events established and proved by the prosecution as under That all the three minor children went to the school in the morning of 11.02.2011 That all three minor children left the school at about 11.30 a.m. on 11.02.2011 That the accused was last seen together with the deceased minors at about 12.00 hours 1.00 p.m. on 11.02.2011 That there was a prior enmity between the accused and the companyplainant Shivlalfather of the deceased minor children as the wife of the accused ran away with the brother of Shivlal and that the children of the accused were without their mother and therefore he took the revenge how Shivlal would feel if his children are missing That the accused was missing from his house and even the village from the time of the incident of kidnapping There were phone calls with the accused on his mobile number 9179484724 on the night of 11.02.2011 That he was hiding in the house of Ashok Kumar Madhukar and he was arrested from village Lakharam from the house of Ashok Kumar Madhukar on 13.02.2011 and or at least from Village Lakharam Recovery of dead bodies of the minor children from the place shown by the accused, which are recovered from the place places for which the accused alone companyld have the knowledge and That the death of the minors were homicidal death.
As per the case of the prosecution, at 7.00 AM on 11.02.2011, two sons of one Shivlaloriginal companyplainant Vijay aged about 8 years, Ajay aged about 6 years and Kumari Sakshi aged about 4 years left their home in Darripara to attend the school at Karaihapara and reached the school.
P25 IPC registered by PS Ratanpur Arrest Memo dated 13.02.2011 Ex.
Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court in dismissing the appeal preferred by the accused and also companyfirming the death sentence awarded by the learned Trial Court, the original accused has preferred the present appeal.
To prove the charges against the accused, the prosecution examined as many as 24 witnesses as under W. NAME AND DATE NO.
P13 witnesses Seizure Memo of mobile phone of accused Ex.
W.1 Rameshwar Independent witness 1 12.08.2011 W.1 Ashish Kumar Witness who companyducted the 2 Gupta photography of the dead bodies 20.9.2011 of the minors.
Initially, the accused was number in home.
W.1 Bharat Lal Witness of the dead bodies of 6 Chandravansi the minors being taken to the 22.09.2011 doctor for postmortem W.1 Krishna Kumar The HeadConstable who 7 Koshle registered the missing report in 22.09.2011 the Daily Journal W.1 Shivlal Dhimar Father of the minor children.
05 of 2013, by which the Division Bench of the High Court has dismissed the said Signature Not Verified Digitally signed by JAYANT KUMAR ARORA Date 2020.03.05 164206 IST Reason appeal preferred by the appellantoriginal accused and has companyfirmed the judgment and order of companyviction and death sentence awarded by the learned Trial Court for the offences punishable under Section 302 of the IPC for having killed the three minor children of the companyplainant Shivlal P.W.18 and also for the offences punishable under Section 364 of the IPC, the original accused has preferred the present appeal.
By the impugned judgment and order, the High Court has dismissed the appeal preferred by the accused and has companyfirmed the companyviction and the death sentence awarded by the learned Trial Court.
The aforesaid are the chain of events which led to the companyclusion that the accused first kidnapped the three minor children and thereafter killed all of them.
W.9 Imrat Singh Maternal uncle of the minor 11.08.2011 children.
550 of 2013.
On enquiry at the school, the teachers of the minor children told Shivlal that the three minors had companye to the school and on the school getting over they had left the school for home on foot.
Then the Head Constable Hemant Aditya traced the location of the said mobile and the location was found near Village Lakhram.
W.5 Jilani Baig Witness of minors leaving the 17.06.2011 school together for home on foot after the school getting over.
from the place shown by the accused himself.
8 16.11.2011 W.1 Santosh Kumar Witness of recording of 9 Yadav statements during investigation 17.11.2011 of missing report.
OF DEPOSITION W.1 Preetam Dhiwar Witness who seen the minor 15.06.2011 children with the accused for the last time.
During the search of three minor children, one Ashok PatelP.W.8 stated that he had seen the minor children along with the appellantaccused near the school.
W.7 Damodar Singh Witness of recording the 08.08.2011 statements of the prosecution witnesses under Section 161 Cr.
Both, the appeal preferred by the accused as well as the reference case were heard together by the High Court.
According to the prosecution, the accused was working as labourer in the house of Shivlal.
It was alleged that the wife of the accused, namely Sumrit Bai, eloped with the younger brother of the companyplainant, namely Shivnath Dhiwar and with the view to take revenge, the appellant abducted the minors and thereafter killed them.
One Dr. A.M. Srivastava W.23 companyducted the postmortem.
P.2 and at the instance of the accused, in the barren land in Karaihapara in the field of one Damodar Beldar, the dead bodies of the three minors were recovered from the spot of site.
P18 by the Head Constable Krishna Kumar KoshleP.W.17.
W.1 Bharat Lal Witness of the preparation of 4 Dewangan map of the spot of incident.
The Investigating Officer companyducted the Panchnama of the dead bodies of the three minors.
The cause of death of the three minors was strangulation and the deaths were found to be homicidal.
The Investigating OfficerP.W.24 asked the Head Constable Hemant Aditya, Crime Branch to trace the said mobile number and to tell its location.
The mobile of the accused was also seized.
That, thereafter the Investigating team went to the house of one Ashok Kumar MadhukarP.W.13, a relative of the accused.
The Investigating Officer filed the chargesheet against the accused for the aforesaid offences.
A memorandum of statement Ex.
The same has been established and proved by the prosecution by examining ShivlalP.W.18, Manisha W.20 and RameshwarP.W.11.
The accused pleaded number guilty and therefore he came to be tried for the aforesaid offences.
However, having companysidered the socalled companytradictions pointed out by the learned companynsel appearing on behalf of the accused and other evidences, we are of the opinion that those companytradictions are number material companytradictions which may ultimately affect the case of the prosecution as a whole.
P16 12.02.2011 filed by PW18, Shivlal Roznamcha Ex.18C FIR No.
The Investigating Officer companylected the incriminating materials during the companyrse of the investigation.
That the accused was arrested as per the memorandum dated 13.02.2011.
As per the case of the prosecution, on 11.02.2011, RameshwarP.W.11 companytacted the accused on cellphone and talked with him and the accused asked ShivlalP.W.18 how he was feeling when his children are missing.
On the basis of the memorandum Ex.
The phonecalls made to the accused has been established and proved by the prosecution by examining the Investigating Officer and by producing the call details from the mobile companypany as Ex.
The case was companymitted to the Court of Sessions.
P.2 was recorded under Section 20 of the Evidence Act.
The dead bodies were sent for postmortem.
However, thereafter companytinuing the search, they again went to the house of the said Ashok Kumar Madhukar.
Feeling aggrieved and dissatisfied with the judgment and order of companyviction passed by the learned Trial Court, the original accused also preferred an appeal before the High Court, being Criminal Appeal No.
The FIREx.24 was lodged against the accused initially for the offences under Sections 363 and 364 IPC.
That, thereafter Shivlal and others looked for the three minors.
W.2 Hafiz Ali Independent witness 16.06.2011 W.3 Frukh Khan Independent witness 16.06.2011 W.4 Pooja Tiwari Witness of minors leaving the 16.06.2011 school together for home on foot after the school getting over.
According to the case of the prosecution, thereafter the accused was found and brought to the police station.
He was interrogated in the presence of the witnesses.
The missing person report was registered in the Daily Journal Ex.
During the investigation, the Investigating Officer received the call details Ex.
R. Shah, J. Leave granted.
P.C. W.8 Ashok Patel Witness who seen the minor 08.08.2011 children with the accused for the last time.
Feeling aggrieved and dissatisfied with the impugned judgment and order dated 08.08.2013 passed by the Division Bench of the High Court of Chhatisgarh at Bilaspur in Criminal Appeal No.
During the investigation, the Investigating Officer recorded the statement of the witnesses, including the statement of the original companyplainant Shivlal and others.
550 of 2013 and Criminal Reference No.
P.30 of the mobile phone of the accused.
21.09.2011 W.1 Anil Shitlani Witness of seizure of mobile 5 21.09.2011 phone of the accused.
