TEJRAM S O AMARLAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Accused/appellants Tejram and Kheduram have preferred this criminal appeal under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment of conviction dated 9-6-2001 passed by the learned Additional Sessions Judge, Balod, district Durg by which the learned Additional Sessions Judge after holding the above accused/appellants guilty of the offence under Section 302 in the alternative under Section 302 read with Section 34 and Section 201 of the Indian Penal Code convicted each of them under the said Sections and sentenced them to undergo imprisonment for life and to pay fine of Rs. 1,000.00 each in default of payment of fine to further undergo rigorous imprisonment for six months and to undergo rigorous imprisonment for three years and to pay fine of Rs. 500.00 each in default of payment of fine to further undergo rigorous imprisonment for three months, respectively. Both the sentences were directed to run concurrently. However, accused Bhagwat was acquitted of the charge under Sections 302 and 201 of the Indian Penal Code.

(2.) The relevant prosecution story for the disposal of this criminal appeal is that on 5-11-1998 complainant Time-keeper Naresh Kumar along with N. R. Sahu gave an information to Balod Police Station to the effect that today in the morning when he reached along with labourer to clean the grass from the Dam, he found that one dead body of a female was flouting on the water of the Dam which was without the head. On receiving this report, Assistant Sub-Inspector A.P. Upadhyaya registered Merg intimation No. 17 of 1998 vide Ex. P/2 and thereafter issued notice (Ex.P/3) for preparation of the Panchanama and after reaching the spot he prepared the Panchanama (Ex.P./4) of the dead body which was in pieces and thereafter vide Ex.P/16 the pieces of the body were sent for medical examination. The post mortem report (Ex.P/31) was received. From the eastern bank of channel No. 44 of Gondali Dam a stone stained with blood and a red ribbon were taken into possession vide Ex.P/5. After recording the statements of the witnesses, the first information report (Ex.P/24) was registered. During the investigation in presence of the winesses namely Parasram and Manrakhan, accused Tejram and Kheduram gave the information under Section 27 of the Indian Evidence Act vide Exs.P/7 and P/11 respectively and in pursuance of that information accused Tejram got recovered an axe, a cycle, blood stained soil, simple soil, one underwear one full pant vide Exs.P/8, P/9, P/10 and P/13. On the information of accused Tejram the Panchanama of the place where the head of the deceased was buried was also prepared. Accused Kheduram also gave the information (Ex.P/11) according to which an adze (Basula), one full pant and one shirt were recovered vide Exs.P/12 and P/14. All the seized articles were sent for chemical examination to the Forensic Science Laboratory, Raipur. After completion of the investigation, challan was filed against the accused/appellants as well as acquitted accused Bhagwat.

(3.) Learned Additional Sessions Judge framed the chagrges against the accused/appellants and accused Bhagwat under Section 302 in the alternative under Section 302 read with Section 34 and Section 201 of the Indian Penal Code which was read over to the accused persons and the accused denied the charges and asked for trial.