AKBAR KACHLAAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the Appellant under Sec. 374 (2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dtd. 25/11/2014 passed by the Additional Sessions Judge, North Bastar Kanker (C.G.), in ST. No. 81/2014 by which the Appellants herein have been convicted for the offence punishable under Ss. 364, 302, 201 of the Indian Penal Code and sentenced them to undergo R.I. for ten years with fine of Rs.2,000.00, imprisonment for life with fine of Rs.2,000.00 and R.I. for five years with fine of Rs.2,000.00 each respectively, with default stipulation.

(2.) It is the case of the prosecution that on 26/6/2013, in furtherance of common intention of the accused/appellants herein, abducted one Ramcharan (deceased) from village Kacche Chowki, Police Station Bhanupratappur, and thereafter committed his murder, and further in order to destroy the evidence of crime, dead body of deceased was buried near Chilam Ghati, village Jhurhatola Rajolidih road, and thereby committed the offence punishable under Ss. 364, 302 and 201 of IPC. Further case of the prosecution is that Ramchandra (PW/4), elder brother of deceased, informed the Police Choki Kacche that his younger brother Ramcharan is missing from 26/6/2013, upon which missing person report No. 12/13 was lodged. Thereafter, he received an information that one person is suspected to be buried near Chilam Ghati (at village Jhurhatola) and he apprehends that it might be of his brother Ramcharan, informed the police station and taking the cognizance of that report, on 28/6/2013, dehati merg No. 0/2013 (Ex. P/29) was registered. An application (Ex. P/30) was filed before the Sub Divisional Officer, Dondilohara, District Balod, for exhumation of body, who permitted Rupendra Singh Verma (PW/7), Nayab Tahsildar, Doundi, and authorized for that purpose and, accordingly, the dead body was exhumed, which was sent to the Community Health Center, Doundi, for medical examination and on 29/6/2013, zero FIR (Ex. P/32) and merg intimation No. 51/2013 (Ex. P/18) was registered. Thereafter, on same day numbered FIR (Ex. P/17) was registered at Police Station Bhanupratappur, District Kanker, and the dead body was identified by Ramchandra (PW/4) to be of his younger brother Ramcharan vide identification panchanama (Ex. P/7). On 1/7/2013, memorandum statement (Ex. P/10 and P/11) of Akbar Kachlaam @ Raju (A-1) and Keshavram (A-2) respectively, was taken but no recovery was made from them pursuant to that, however, on 1/7/2013, at the instance of Ramchandra (PW/4), motorcycle of deceased was seized vide Ex. P/6. An identification panchanama (Ex. P/18) of motorcycle was prepared and the motorcycle of the deceased was duly identified by Akbar Kachlaam (A-1). Seizure memo of spade and crowbar was obtained from Akbar (A-1) and Keshavram (A-2) but the same was recovered from the house of Chetan (PW/2) and nothing has been found on that and the accused/appellants were arrested on 1/7/2013. Inquest on the body of deceased was prepared vide Ex. P/8 and dead body was sent for postmortem examination to C.H.C., Doundi, which was conducted by Dr. Abhishek Ramteke (PW/14) who gave his report Ex. P/24, according to which, the mode of death of deceased was asphyxia due to strangulation and it was homicidal in nature.

(3.) After completion of usual investigation, charge sheet under Ss. 302, 201, 364, 120(B), 34 of IPC was filed before the Court of Judicial Magistrate First Class, Bhanupratappur, who in turn, committed the case to the Court of Sessions for hearing and disposal in accordance with law. After filing of the charge sheet, the trial Judge has framed the charge against the accused/appellants under Ss. 364, 302, 201, 120(B) read with sec. 34 of the IPC.