STATE OF CHHATTISGARH Vs. MANOJ SURYAVANSHI

JUDGEMENT

(1.) This is a reference under Section 366 of the Code of Criminal Procedure for confirmation of death sentence as the Additional Sessions Judge, Bilaspur in Sessions Trial No. 60/2011 vide its judgment dated 4-5-2013 has held the accused guilty under Sections 302 and 364, IPC and sentenced him to undergo death sentence u/S. 302, IPC and imprisonment for life with fine of Rs. 5,000/- in default of payment of fine to further undergo RI for six months u/S. 364, IPC.

(2.) This judgment shall also dispose of Criminal Appeal No. 550/2013 preferred by accused/appellant.

(3.) In the present case there are three deceased namely Vijay Dhiver aged about 8 years, Ajay Dhiver aged about 6 years and Sakshi Dhiver aged about 4 years and all the three deceased are children of complainant Shivlal Dhiver (P.W. 18). As per the prosecution case the accused was working as labourer in the house of Shivlal Dhiver (P.W. 18). It is alleged that as wife of the accused namely Sumrit Bai eloped with younger brother of the complainant namely Shivnath Dhiver, accused Manoj, complairiant Shivlal and Rameshwar (P.W. 11) went to Chandigarh in their search but they could not trace them and returned to their village. Further case of the prosecution is that on 11-2-2011 all the three deceased had gone to their school from where the accused took them to a nearby field and killed them by hitting against the ground and throttling. When the three deceased did not return to their house, they were searched and then missing report Ex.P-17 was lodged by father of the deceased Shivlal. This report was entered in Rojnamcha Sanha vide Ex. P-18C and FIR Ex.P-25 was registered against the accused for the offence under Sections 363 and 364 of IPC. Memorandum of the accused Ex. P-2 was recorded on 13-2-2011 wherein he has stated that after killing the three children he did their dead bodies in a field. Based on this memorandum, three dead bodies were recovered and body Panchnama of deceased Vijay, Ajay and Sakshi were made vide Ex. P-9, P-7 and P-11 respectively. Post-mortem examination on the body of deceased Vijay was conducted by Dr. A. M. Shrivastava (P.W. 13) vide Ex. P-9B whereas that of Ajay and Sakshi was conducted by Dr. A. K. Shrivastava (P.W. 21) vide Ex. P-7B and P-11B respectively. According to the doctors, cause of death was asphyxia due to throtting. After completion of investigation, charge-sheet was filed on 14-3-2011 against the accused under Sections 363,364,302 and 201, IPC whereas the Court below framed charge against him under Sections 201, 302 and 364, IPC.