AJAY PRAKASH BANJARE Vs. STATE OF C G

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 4.2.2004 passed by the 5th Additional Sessions Judge, Durg in Sessions Trial No. 252/2002, whereby & whereunder learned 5th Additional Sessions Judge after holding the Appellants guilty for commission of culpable homicide amounting to murder of Mohan Banjare in sharing common intention convicted them under Section 302/34 of the I.P.C. and sentenced to undergo imprisonment for life and to pay fine of Rs. 100/-, in default of payment of fine to further undergo R.I. for two months.

(2.) Conviction is impugned on the ground that without there being any iota of evidence the trial Court has convicted and sentenced the Appellants as aforementioned and thereby committed illegality.

(3.) As per case of the prosecution, on the fateful day of 10.5.2002 at about 10 p.m. all the Appellants were searching Mohan Banjare (since deceased), they were holding deadly weapons, they were beating Mohan Banjare near Girhola bridge where unfortunate deceased Mohan Banjare came at about 10 p.m., the Appellants were holding sword, dragger, stick and non-chalk, they repeatedly caused injuries to Mohan Banjare by the aforesaid weapons, they dragged and caused his instantaneously death. Thereafter, they dragged dead body of Mohan Banjare from bridge to field where they concealed dead body. Appellant Ajay Banjare was holding sword, Appellant Omprakash was holding dragger, Appellant Tekram was holding non-chalk and Appellant Dameshwar was holding stick. After committing the offence all the Appellants went to Police Station Nandini four kilometers away from the place of incident at 11.45 p.m., within one hour and forty five minutes. At the instance of Appellant Ajay Banjare, F.I.R. was registered vide Ex.P/3. Appellant Ajay produced sword stained with blood which was seized from him vide Ex.P/4. Appellant Omprakash produced dragger stained with blood which was seized from him vide Ex.P/5. Appellant Dameshwar produced one stick, some scale of stick was missing, same was recovered from Appellant Dameshwar vide Ex.P/6. Appellant Tekram produced broken piece of non-chalk, same was seized vide Ex.P/7. Investigating officer proceeded for scene of occurrence and seized one piece of bamboo stick, broken piece of non-chalk, one piece of bamboo stick, four teethes of deceased stained with blood, hairs of the head of the deceased, bloodstained and plain soil, one piece of bamboo stick and one pair chappal of the deceased stained with blood vide Ex.P/16. After summoning the witnesses vide Ex.P/13, inquest over dead body of deceased Mohan Banjare was prepared vide Ex.P/14. Spot map was prepared by investigating officer vide Ex.P/12. Dead body was sent for autopsy to District Hospital, Durg where Dr. A.P. Samant (PW-9) conducted autopsy vide Ex.P/10 and found following injuries: