VIRENDRA KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As these two appeals arise out of the same judgment and order dated 23.4.2009 passed by Additional Sessions Judge (FTC) Raipur, in Sessions Trial No. 124/2007 convicting the accused/appellants under Sections 302, 342 and 454 IPC and sentencing each of them to undergo imprisonment for life u/s 302 and rigorous imprisonment for 3 years with fine of Rs.500/- u/s 342 and 454 IPC separately, plus default stipulations, they are disposed of by this common judgment.

(2.) Facts of the case in brief are that on 14.9.2006 Dehati Nalisi Ex. P-1 was recorded by police of Police Station Pandri, District Raipur at the instance of Ved Prakash (PW-1) - son of the deceased alleging that on the date of incident when his father had gone to attend his duties in Electricity Department, his tenant Virendra Dewangan (one of the accused/appellants in Cr.A. No. 444/2009) who was residing in the nearby room came there and told his mother that someone had come to see the house for the purpose of taking it on rent and then his mother went along with him (accused Virendra). It is alleged that 15 minutes thereafter said Virendra again came to him and demanded Rs. 50/- on credit and when he replied saying that he did not have money, he asked him to arrange money from his mother and took him to the nearby room. On reaching the said room, he saw his mother lying on a cot drenched with blood and injury was there on her head. It is alleged that certain ornaments worn by his mother were missing and that along with said Virendra, Dipak (acquitted by the Court below), accused/appellant Rikhiram and one other boy were also there who tied him with a bench and after bolting the door from outside they left the spot. After some time, he somehow managed to set himself free and raised cries from the window. Thereafter, one boy came there and took him out and when he went to his room, all the four persons fled away from the spot. He found the almirah of his room open and Rs. 45,000/- were missing from it. It is thus alleged that accused persons have committed loot of the cash amount as well as the ornaments. He then called his neighbour Gangadhar (PW-6). Post mortem examination on the body of he deceased was conducted on 15.9.2006 by Dr. Shiv Narayan Manjhi (PW-12) who gave his report Ex. P-6 opining the cause of death as shock due to hemorrhage as a result of head injury and that the death was homicidal in nature. Based on this Dehati Nalisi, offences under Sections 307 and 394 IPC were registered against accused Virendra Dewangan, Dipak Dewangan, Rikhiram Dewangan and others. After death of the deceased, FIR Ex. P-33 was registered against them. Memorandums of accused/appellants were recorded vide Ex. P-21 to P-23. Seizure from all the three accused/appellants was made vide Ex. P-25, P-26 and P-27 by which cash of Rs. 2000 and silver anklets were seized. These articles were however not identified by anyone. After completion of investigation, charge sheet was filed on 23.11.2006 against the accused/appellants herein as well as acquitted accused Dipak, Shivcharan, Ramesh, Liladhar and Surendra for the offences under Sections 307, 394, 302 and 396 IPC. Court below however framed the charges against them under Sections 147, 148, 395, 396, 450, 302, 342/149 IPC.

(3.) In support of its case, prosecution has examined 20 witnesses. Statements of the accused persons were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the charge levelled against them and pleaded their innocence and false implication in the case.