ANAND ALIAS GUDVA NAGESHIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction & order of sentence dated 3-8-2006 passed by the 3rd Additional Sessions Judge (FCT), Ambikapur, in Sessions Trial No. 168/2005, whereby and whereunder learned Additional Sessions Judge, after holding the appellant guilty for commission of culpable homicide amounting to murder of 4 years' aged child Aakash and concealing the evidence of criminal case, convicted the appellant under Sections 302 & 201 of the I.P.C. and sentenced him to undergo imprisonment for life and pay fine of Rs. 500/-, in default of payment of fine to further undergo R.I. for one month and to undergo R.I. for three years and pay fine of Rs. 300/-, in default of payment of fine to further undergo R.I. for twenty days, respectively.

(2.) Conviction is impugned on the ground that without any iota of evidence, the trial Court has convicted and sentenced the appellant. and thereby committed illegality.

(3.) As per case of the prosecution, on the fateful day of 26-3-2005 between 7 p.m. and 8 p. m. at Village Aamadarha, Police Station Darima, Distt. Surguja, the unfortunate 4 years' aged deceased child Aakash was sit- ting on the lap of his maternal grandmother Kendi (PW-12). the appellant went to the house of Kendi (PW-12) and on the pretext of providing sweets to the child Aakash, the appellant took the child Aakash with him, thereafter, the appellant did not return back the child or the child has not returned back to his maternal grand mother's house where mother of the child Ghurni Bai (PW-1) was temporarily residing in her maternal home. Mother of the child Ghurni Bai (PW- 1), maternal grand mother of the child Kendi (PW- 12) & husband of Kendi namely Kendal asked the appellant and also searched for the child Aakash to whom the appellant told that the child is sleeping and he will go back to his house. Finally, the child did not return to his maternal grand mother's house then they informed to Sarpanch and other villagers and finally the factum of missing of the child was intimated to Police Out Post, Darima and missing report was lodged vide Ex. P-8. During the course of investigation/enquiry on the missing report, the Investigating Officer Dheeraj Markam (PW-13) interrogated the appellant who made discloser statement of the dead body of deceased Aakash and informed that the dead body was buried in the field of Swayamvar Rajwade which was recorded as Ex. P-1. The Investigating Officer along with villagers and witnesses summoned vide Ex. P-2 accompanied the appellant who took them to the field of Swayamvar Rajwade from where the appellant exhumed the buried dead body from the said field which was identified by the witnesses as the dead body of Aakash. After mentioning such facts, inquest over the dead body of the deceased was prepared vide Ex. P-3. During the same period, Sarpanch and Panch recorded panchnama vide Ex. P-4 of the same facts. Spot map was prepared vide Ex. P-7. Dehati merg was recorded vide Ex. P-13 and merg was recorded vide Ex. P-11. F.I.R. was lodged vide Ex. P-10. Dead body was sent for autopsy to Assistant Surgeon, Darima vide Ex. P-14. Dr. B. L. Kaushal (PW-5) conducted autopsy vide Ex. P-5 and found following symptoms /injuries :-