STATE OF CHHATTISGARH Vs. ASHOK BHOI

JUDGEMENT

(1.) The present set of two appeals have been filed by the State of Chhattisgarh challenging the impugned common judgment and order passed by the High Court of Chhattisgarh at Bilaspur in Criminal Appeal No.601 of 2007 and Acquittal Appeal No.1 of 2009, whereby the High Court has allowed the Criminal Appeal No.601 of 2007 filed by the respondent - accused - Ashok Bhoi, and has acquitted him from the charges levelled against him, and dismissed the Acquittal Appeal No.1 of 2009 preferred by the State against the acquittal of the respondent - accused - Vikash Khubwani.

(2.) As per the case of the prosecution, the PW-1 - Uttamlal had two sons - Swapnil and Suhash (deceased). On 15/1/2006, Swapnil had gone somewhere out and had not returned, and therefore, the father - Uttamlal (PW-1) sent his second son - Suhash to find him out. After sometime, Swapnil came back home, however, Suhash did not return. At about 9.00 p.m., a telephone call was received on the mobile phone of Swapnil, demanding a ransom of Rs.2.00 lakhs for getting Suhash back. Since Suhash did not return home, an F.I.R. was lodged by the father - Uttamlal in the Police Station Bhilai at about 10.45 p.m.

(3.) It appears that there were two juvenile accused, i.e., Jivrakhan and Ukesh, who were taken into custody on the basis of suspicion and from their statements, further investigation was carried out. Thereafter at the instance of the juvenile offender - Jivrakhan, the dead body of the deceased was found in an abandoned house on 17/1/2006. On the further investigation carried out, the respondent - accused - Ashok Bhoi was taken into custody and recovery of blood-stained blade, nails & T-shirt were made at his instance from the room of the house from where the dead body was found. On the basis of disclosure statement made by the co-accused, other respondent - accused - Vikash Khubwani was also arrested.