PRADEEP KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) On 1/10/2003, Umesh Chowdhary, a resident of village Chitarpur falling within the territorial limits of Police Station Dhaurpur District was allegedly murdered by accused Pradeep Kumar (Appellant No. 2 in CRA No.940 of 2004) before the High Court Chhattisgarh, Bilaspur and Bhainsa alias Nandlal (Appellant No.1. before the High Court in the very same appeal) in relation to which FIR No.126/03 (Ex.P-6) was registered at Police Station Dhaurpur.

(2.) On 2/10/2003, Investigation Officer, I. Tirkey (PW-19) commenced investigation and after verifying the place of occurrence sent the dead body for post-mortem analysis which was conducted by Dr. Kamlesh Kumar (PW-14) in terms of his report (Ex.P-10). Investigation revealed that the crime was committed on account of animosity which the Appellant was harbouring against the deceased. The motive being the former's desire to use the shop in possession of the deceased in village Chitarpur.

(3.) The Trial Court, based on the extra judicial confessional statement (Ex.P-11) of accused Pradeep Kumar made in the presence of Ramkripal Soni (PW-1) and Gopal Yadav (PW-7), the depositions of Gajadhar Chowdhary (PW-10) father of the deceased, co-villagers Sirodh (PW-6), Radhika (PW-13) wife of (PW-7), all establishing the factum of prior animosity/"tension" inter se the parties; and with the addition of the police recovered keys of the shop of the deceased and his currency notes amounting to Rs.300.00 from the possession of the Appellant. The Court convicted both the accused in relation to offences punishable under Sec. 302/34 IPC and 201/34 IPC and sentenced them to serve imprisonment for life and pay fine of Rs.500.00 in relation to the offence under Sec. 302/34 as also suffer imprisonment for seven years and pay fine of Rs.500.00 in respect of the offence punishable under Sec. 201 IPC.