VIKKI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Sole appellant namely, Vikki @ Bharat (A-1) in Cr.A. No.279/2012; sole appellant namely, Ajay Singh (A-2) in Cr.A. No.278/2012; and sole appellant namely, Shahid Ali (A-3) in Cr.A.No.272/2012, have preferred these appeals under Sec. 374(2) of the CrPC feeling aggrieved and dissatisfied with the impugned judgment dtd. 20/1/2012 passed by the Additional Sessions Judge, Balod, in Sessions Trial No.52/2011, by which the learned Additional Sessions Judge has convicted and sentenced the appellants in the following manner: -

(2.) Since all the three criminal appeals have arisen out of one and same judgment dtd. 20/1/2012 passed by the Additional Sessions Judge, Balod, in one Sessions Trial No.52/2011 and since common question of fact and law is involved in all the three appeals, they have been clubbed together, heard together and are being disposed of by this common judgment.

(3.) Case of the prosecution, in short, is that in between 10/5/2010 and 2/6/2010, near Sirpur Lohara Nala, Police Station Dondilohara, the three appellants herein in furtherance of their common object and in furtherance of their conspiracy, constituted unlawful assembly and abducted Dr. Avinash Ramteke and in order to commit his murder, taken him in the Bolero vehicle bearing registration No.CG-04/ZF-7777 and thereafter, strangulated him and after causing his murder, in order to screen themselves of the aforesaid offences, burnt the dead body. Further case of the prosecution is that on 10/5/2010 at 07.00 p.m., Dr. Avinash Ramteke left his home from Kusumkasa, Rajhara, Durg to visit Rajnandgaon, but he could reach Rajnandgaon till evening which led to lodging of missing report (unexhibited) by his father D.K. Ramteke (PW-9), of his son Dr. Avinash Ramteke to Police Station Rajhara, District Durg on 10- 5-2010 pursuant to which first information report bearing Crime No.92/2010 was registered on 21/5/2010 against unknown person vide Ex.P-25.