DURGESH SAHU Vs. STATE OF C.G.

JUDGEMENT

(1.) This criminal appeal preferred by appellantsDurgesh Sahu and Tejandas under Sec. 374(2) of the CrPC (Tejandas died during the pendency of this appeal and his appeal stands abated by order dtd. 6/9/2022) is directed against the judgment of conviction and order of sentence dtd. 13/9/2012 passed by the Additional Sessions Judge, Balod, in Sessions Trial No.97/2011, by which the learned Additional Sessions Judge has convicted and sentenced the appellants in the following manner:2022: <IMG>JUDGEMENT_143_LAWS(CHH)9_2022_1.jpg</IMG>

(2.) Case of the prosecution, in brief, is that appellant Durgesh Sahu and one Tejandas on 31/3/2014 were abducted deceased Madhuri with intention to murder her near Shivnath river, Mokhali Bridge and her dead body was thrown in the field of Bharat Yadav at village Koliyara and thereby committed the aforesaid offence and allegation against coaccused Indrajeet Patel (now acquitted by order of the trial Court dtd. 13/9/2012) that he has also participated in the offence of abduction with intention to commit murder of Madhuri. As per case of the prosecution, two appellants abducted deceased Madhuri with intention to murder her on 31/3/2011 and thrown her dead body in the field of Bharat Yadav at village Koliyara as appellant Durgesh Sahu was having illicit relationship with Madhuri Vaishnav, daughter of Meghdas Vaishnav and thereafter her body was seen by Kotwar Sunderlal (PW1) on 3/4/2011 at 8 a.m. in the field of Bharat Yadav at village Koliyara after lapse of 3 days. Sunderlal (PW1) has informed to Pinkapar Police Chowki and on the basis of which, merg intimation was registered vide Ex.P1 and FIR was registered vide Ex.P32. Thereafter inquest was conducted over the dead body of the deceased vide Ex.P3. Dead body of a girl who was wearing anklet and ring in finger was seized vide Ex.P4. Dead body of the deceased was sent for postmortem to the Medical College, Raipur, where Dr.Akhilesh Badge (not examined) conducted postmortem vide Ex.P20 and opined that cause of death was due to haemorrhage and shock as a result of neck injury and death was homicidal in nature. Missing report was lodged by Meghdas Vaishnav on 15/4/2011 at Police Station Lalbag, District Rajnandgaon (not exhibited). As per memorandum statement of appellant-Durgesh Sahu vide Ex.P-16, bloodstained knife and clothes were seized from his possession vide Exs.P-10 and P-11, which were sent to FSL examination, but in FSL report (not exhibited) blood was not found on knife as well as on shirt seized from appellantDurgesh Sahu. Dead body of deceased Madhuri was identified by his father Meghdas Vaishnav (PW2). AppellantDurgesh Sahu and deceased were lastly seen together by Tarendra Kumar Sahu (PW3). Statements of the witnesses were recorded under Sec. 161 of the CrPC and after due investigation, the appellant was chargesheeted before the Judicial Magistrate First Class, Dondilohara, who in turn, committed the case to the Court of Session, Durg, from where the Additional Sessions Judge, Balod received the case on transfer for trial. The accused / appellants abjured the guilt and entered into defence.

(3.) In order to bring home the offence, the prosecution examined as many as 14 witnesses and exhibited 32 documents Exs.P1 to P32. Statement of the accused/appellant under Sec. 313 of the CrPC was recorded in which he denied guilt. However, he examined none in his defence and no document has been produced in his defence.