RAJESH TANDI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal would raise an important question as to what extent the statement of an accused recorded under Section 313 of the Code of Criminal Procedure (for short 'CrPC') can be used for sustaining the conviction.

(2.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 27.11.2009 passed by learned Sessions Judge, Raipur (C.G.) in Sessions Trial No. 186 of 2009, whereby the appellant stands convicted under Section 302 of the Indian Penal Code (for short 'IPC') for committing murder of deceased Vijay @ Bande Nayak and sentenced to undergo life imprisonment and fine of Rs.100/-, in default of payment of fine to undergo additional rigorous imprisonment for ten days.

(3.) There is no evidence on the record as to the relations between the appellant and the deceased. The appellant used to reside in his one room accommodation with adjoining similar accommodation occupied by two other individual who have not been examined before the trial Court. In the morning of 02.05.2009, dead body of deceased- Vijay @ Bande Nayak was seen in the one room accommodation of the appellant. One Dukalu Nayak was informed by his younger brother Kisun Nayak about the incident on which Dukalu Nayak lodged Dehati FIR on 02.05.2009 at 10:20 am vide Ex.-P/7 and he had also lodged Dehati Merg Intimation vide Ex.-P/5 at 10:00 am on the same day. As per Dehati FIR, deceased Vijay @ Bande Nayak was cousin brother of Dukalu Nayak. The deceased was a labourer having no place of residence as he had already sold his house at Ambedkar Nagar. He used to visit and stay at night in the house of the appellant on few occasions. In the Dehati FIR neither any suspicion was raised against the appellant, nor any other person was named therein.