SANTOSH NISHAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal filed by the appellant under Sec. 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dtd. 25/9/2012, passed by the Court of learned Sessions Judge, District Mahasamund (C.G.) whereby the appellant/accused has been convicted under Sec. 302 of IPC and sentenced to undergo life imprisonment with fine amount of Rs.1,000.00 and, in default of fine, additional simple imprisonment of six months.

(2.) The case of the prosecution, in brief, is that on 25/7/2011 at about 06:00 PM in the evening at Dumarnala, Village Tamora the appellant-accused has committed murder of is younger brother, namely, Nutan Nishad, S/o Ude Ram Nishad, aged about 13 years (now deceased) by strangulation and, thereby, committed the offence.

(3.) The further case of the prosecution, in brief, is that on 29/7/2011 at about 09:20 Jagdev Singh Dhruv (PW-2), being the Sarpanch of Village Tamora, alongwith Uttam Singh (PW-8) and one Bugharu Nishad lodged report that: Sonwati Bai, who is mother of Nutan Nishad (deceased) had given an application in the Gram Panchayat stating that his son- Nutan had gone somewhere without informing her and is missing, pursuant to which a meeting of villagers and panchayat members was convened in the night of 28.07.20211, whereby Santram Patel (PW-1) and other dignitaries of Village Tamora had inquired about Nutan from his brother- Santosh (appellant herein), his mother Sonwati Bai (PW-5) and other family members, on which Santosh (appellant/accused) disclosed that on 25/7/2011 he has gone for fishing alongwith Nutan at Dumarnala where he caused his death by strangulation, thereafter, on 29/7/2011 in the morning all the said persons visited Dumarnala Chuikhadan where they found the dead-body of Nutan (deceased) in a decomposed condition.