SUSHIL KUMAR CHERWA Vs. STATE OF C.G.

JUDGEMENT

(1.) Four appellants herein (A-1 to A-4) have preferred this appeal under Sec. 374(2) of the CrPC calling in question legality, validity and correctness of the impugned judgment and order dtd. 5/9/2013, by which they have been convicted under Ss. 302 read with Sec. 34 and 201 of the IPC and sentenced to undergo imprisonment for life and pay a fine of Rs.1,000.00 each, in default of payment of fine to further undergo additional rigorous imprisonment for six months and rigorous imprisonment for seven years and pay a fine of Rs.1,000.00 each, in default of payment of fine to further undergo additional rigorous imprisonment for six months, respectively, and in addition to that, appellant No.4 " Laxman Nai has also been convicted under Sec. 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, "the Act of 1989") and sentenced to undergo imprisonment for life and pay a fine of Rs.1,000.00, in default of payment of fine to further undergo additional rigorous imprisonment for six months.

(2.) Case of the prosecution, in brief, is that on 16/10/2011 at about 8.00 p.m. on the bank of Turra river, near Lolki Approach Road, in furtherance of common intention, the appellants herein had strangulated deceased Bihari Singh who was a member of Scheduled Tribe and caused his death and thereby committed the aforesaid offences. Appellant No.4 not being a member of Scheduled Caste / Scheduled Tribe committed the offence and therefore he was also charged of the offence under Sec. 3(2)(5) of the Act of 1989. Further case of the prosecution is that on 23/10/2011, Triveni Singh (PW-2) " son-in-law of deceased Bihari Singh, lodged missing report vide Ex.P-32 before Police Station Sonhat, Distt. Koria to the effect that deceased Bihari Singh went missing and thereafter, on 27/11/2011 Mahesh Singh (PW-15) " Forest Guard, submitted a written information that during forest visit, he has seen the dead body of an unknown person in Rajbevra Forest, Balamghati pursuant to which police party reached there and the information was found true whereupon un-numbered (dehati) morgue intimation was registered vide Ex.P-29 and after reaching to the police station, it was registered as numbered morgue intimation Ex.P-30 and thereafter, missing person Bihari Singh's relatives were requisitioned to identify the dead body and identification proceeding was conducted vide Ex.P-2 in which the dead body was identified to be of deceased Bihari Singh. Thereafter, on the recommendation of panchas, dead body was subjected to postmortem which was conducted by Dr. R.P. Singh (PW-16) vide his report Ex.P-5 in which cause of death was stated to be shock (haemorrhage) due to fracture and haemorrhage and death was homicidal in nature. During enquiry, appellant No.4 being suspect was called for interrogation and during interrogation, he said that he along with appellants No.1 to 3 have strangulated the deceased and caused his death pursuant to which first information report (FIR) was registered for offences punishable under Ss. 302 and 201 read with Sec. 34 of the IPC vide Ex.P-35. Pursuant to the memorandum statement of appellant No.1, jute bag was recovered from him; pursuant to the memorandum statement of appellant No.2, bamboo stick was recovered from him; and pursuant to the memorandum statement of appellant No.4, gamcha and lungi were recovered from him. Underwear, half T-shirt and half shirt were recovered from the body of deceased Bihari Singh. Seized articles were sent for chemical analysis to the Forensic Science Laboratory, Raipur, vide Ex.P-45 and acknowledgment receipt of the same was also received from the FSL, Raipur, vide Ex.P-46, but the FSL report was not brought on record.

(3.) Statements of the witnesses were recorded under Sec. 161 of the CrPC. After completion of investigation, charge-sheet was filed against the appellants before the jurisdictional criminal court and the case was committed to the Court of Sessions for trial from where the learned Special Judge under the Act of 1989, Koriya (Baikunthpur) received the case on transfer for trial and for hearing and disposal in accordance with law.