HANUMAN DIVEDI Vs. STATE OF C G

JUDGEMENT

(1.) This appeal is directed against the judgment dated 24th of June, 2006 passed in Sessions Trial No. 417/2005 by the Second Additional Sessions Judge, Bastar at Jagdalpur. By the impugned judgment, appellants 2 to 4 have been convicted u/ss 302/34 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 1,000/- with default sentences of 3-3 months each. Appellants 1 to 3 have been further convicted u/ss 201/34 IPC and sentenced to undergo R.I. for 1 year and to pay fine of Rs.500/- with default sentences of 2 months each, with a direction to run the sentences concurrently.

(2.) The facts, briefly stated, are as under :

(3.) Mr. Raghvendra Pradhan, learned counsel appearing on behalf of the appellants, argued that the dead body was found at an open place; seizure of various articles on the discovery statements of appellant- Amit Divedi (A-2) have not been established; seizure of cloths from the possession of other appellants have also not been established; the seized articles were not sealed by police at the time of seizure; though blood stains were found in the F.S.L. report, but origin and group of the blood were not established. He also argued that even the motive suggested by the prosecution was also not established by cogent and reliable evidence, therefore, the conviction based on above set of circumstantial evidence cannot be sustained.