STATE OF CHHATTISGARH Vs. JONHU AND OTHERS

JUDGEMENT

(1.) THE present appeal arises out of the judgment and order dated 4th September, 2009, passed by the First Additional Sessions Judge, Mungeli, District - - Bilaspur in Sessions Case No. 13/2009, acquitting the accused/respondents from the charges under sections 302 in alternate 302/34 and 201 of the Indian Penal Code. Brief facts of the case, as per the prosecution story, are that on 1 -1 -2009 at about 8.00 a.m. deceased Ramji, resident of village - Sarsoha left his home to visit village - Dindori in order to attend last rites (Dashgatra) at the house of Lati Kenvet but he did not reach there. After making various efforts to know the whereabouts of deceased Ramji, ultimately on 9 -1 -2009 his dead body was found at the bank of Khudia dam. It was found that neck, stomach, left leg and knee of the deceased were wrapped with a plastic rope and there was a cut injury on the head of the deceased. On the intimation given by Mohan Lal to the police Merg Intimation No. 3/09 was registered and thereafter the offence was registered at Crime No. 16/2009.

(2.) AFTER conducting the investigation the police filed challan against the accused/respondents. Learned trial Court framed the charges under sections 302, in alternate under section 302/34 and 201 of the Indian Penal Code against the accused persons and after full fledged trial all the four accused were acquitted of the charges by the impugned judgment.

(3.) IT is evident that in order to prove its case the prosecution has examined Mohan Lal (P.W. 1) younger brother of the deceased, Rajesh Kumar Nishad (P.W. 2) son of the deceased, Bhagwantin (P.W. 3) wife of the deceased, Keher Singh (P.W. 4) seizure and panchnama witness, Radhe Singh (P.W. 5) seizure witness, Sidhva (P.W. 6), Mangal Yadav (P.W. 7), Ganesh Ram Rathore (P.W. 8), Santosh Kumar Baiga (P.W. 9), Sunder Singh (P.W. 10), Ram Prasad (P.W. 11), Shankar Lal Hela (P.W. 12), Dr. G.S. Dau (P.W. 13) doctor, I.R. Sahu (P.W. 14) Constable, Banglahin (P.W. 15) and Tirath Ram Joshi (P.W. 16).