MANOJ @ MUNNA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This Appeal is directed against the impugned judgment and order dtd. 11/5/2011 passed by the High Court of Chhattisgarh, Bilaspur in Criminal Appeal No.306/2008, whereby the High Court affirmed the conviction and sentence imposed by the Trial Court convicting the appellant for the offences under Ss. 302 and 201 of the Indian Penal Code, 1860["IPC"] and sentenced him to undergo imprisonment for life with fine of Rs.1,000.00 and rigorous imprisonment for 05 years with fine of Rs.500.00 and in default of payment of fine amounts, to undergo additional rigorous imprisonment for 06 months and 03 months respectively.

(2.) According to the prosecution, on 7/6/2004, the appellant, along with five co-accused, committed dacoity and, during its commission, caused the death of Yuvraj Singh Patle. The accused were, therefore, charged under Ss. 302, 302/34, 396, 201 and 120-B of the IPC for murder, dacoity with murder, criminal conspiracy, and causing disappearance of evidence. It was further alleged that on 6/6/2004, the appellant was last seen with the deceased. The appellant had taken him on his motorcycle from Salhevara. The deceased was subsequently found dead on the next day, i.e., 7/6/2004

(3.) The dead body of Yuvraj Singh Patle was sent for autopsy to Primary Health Center, Gandai where Dr. Ashish Sharma (PW 13) vide Ex. P-20 found the following injuries: