GAURI SHANKAR GIRI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CR . A Nos. 1087/2007, 92/2008, 333/2008 and116/2009 filed against common judgment of conviction and order of sentence dated 29.09.2007 passed by the Additional Sessions Judge, Sarangarh, in Session Trial No. 93/2006 are being disposed of by this common judgment.

(2.) BY filing Cr. A. No. 1087/2007 appellant Gauri Shankar Giri, Cr.A. No. 92/2008 appellant Ram Krishna Choudhary, Cr.A. No. 333/2008 appellant Thuluram Sarthi and Cr.A. No. 116/2009 appellant Bharat Jaiswal (Dansena) have challenged legality and property of the judgment of conviction and order sentence dated 29.09.2007 passed by the Additional Session Judge, Sarangarh, in Sessions Trial No. 93/2006, whereby and whereunder learned Additional Session Judge after holding the appellants/seven accused persons of the case guilty for formation of unlawful assembly armed with deadly weapons having common object to commit murder of Basant Kumar, to conceal the evidence of criminal case andto commit conspiracy, convicted the appellants under Sections 147, 148, 302 read with Section 149, 201, and 120B of the IPC and sentenced each of them to undergo RI for two years, RI for two years: imprisonment for life and pay fine of Rs. 10,000.00 in default additional RI for one year, RI for five years and pay fine of Rs. 2,000.00, in default additional RI for one year; and RI for ten years and pay fine of Rs. 5,000.00, in default additional RI for one year, respectively.

(3.) AS per case of the prosecution, in the intervening night of 24th and 25th February, 2006, the appellants formed unlawful assembly, they were holding deadly weapons and were present at Katen Ghutkuri forest near Bahera tree along with Basant Kumar (since deceased). They committed murder of Basant Kumar and burnt the dead body, thereafter, they fled from the spot. When Basant Kumar did not return back to his house on 25.02.2006. villages and relatives of Basant Kumar made search of Basant Kumar. Dead body of Basant Kumar was found at forest in semi-burnt condition with injuries. Lambodar (PW-1) went to Police Station Baramkela and lodged FIR against unknown person vide Ex.P-1. Morgue was recorded vide Ex.P-8. Investigating Officer left for the scene of occurrence and after summoning the witnesses vide Ex.P-6, prepared inquest over the dead body of Basant Kumar vide Ex.P-7. Spot map was prepared vide Ex.P-2. Bloodstained and plain soil, one flat and round shaped stone of 7 Kgs. stained with blood, one flat and square shaped stone of 5 Kgs. stained with blood, one piece of stone of 3 Kgs. stained with blood, ash found over the body of 1/2 Kg. and one woollen piece were seized from the spot vide Ex.P-3. Soil below the dead body was taken out and seized vide Exs. P-4 and P-5. Another map was prepared vide Ex.P-14