KAWASI JOGA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 18-3-2005 passed in S.T. No. 183/04 whereby and where under the 1st Additional Sessions Judge, Bastar at Jagdalpur after holding the appellant guilty for causing homicidal death amounting to murder of deceased Benjami Durjan and disappearance of evidence of a criminal case, convicted him under Sections 302 & 201 of the IPC and sentenced to undergo RI for life and fine of Rs. 500/- and R.I. for 1 year and fine of Rs. 500/-, in default to undergo R.I. for one month on each default.

(2.) Conviction is impugned on the ground that without an iota of evidence the trial Court has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

(3.) As per case of the prosecution, on 8-5-2004 the appellant took Benjami Durjan (since deceased) on his bicycle and thereafter the deceased did not return alive and his dead body was recovered after 10-11 days. When the appellant failed to offer any explanation village meeting was convened in the village in which the appellant made extrajudicial confession and thereafter PW-1 Sukhmati, mother of the deceased, lodged missing report (Ex.P-23) and on enquiry of missing report, dead body of the deceased was recovered. Merg was recorded vide Ex.P-21. Dehati Nalishi was recorded vide' Ex.P-23. Finally, first information report was registered vide Ex.P-24. After summoning the witnesses vide Ex.P-2, inquest over dead body of the deceased was prepared vide Ex.P-1. Hairs of the deceased was seized vide Ex.P-10. Dead body was sent for autopsy to the Primary Health Centre, Bade-kilepal vide Ex.P-15A where Dr. T.S. Nag (PW-8) conducted autopsy vide Ex.P-15 and found following injuries :-