SHRAVAN KUMAR RATHIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of CrPC has been preferred by the appellant herein against the impugned judgment dtd. 09/02/2015 passed by learned 1st Additional Sessions Judge, Raigarh in Sessions Trial No. 131/2013 whereby he has been convicted and sentenced as under with a direction to run all the sentences concurrently :-

(2.) Case of the prosecution, in brief, is that on 18/05/2013 at about 09:45 PM, the appellant herein abducted Annu Singh and took her on his motorcycle to Domnara Forest and caused her death by strangulating her with the help of her scarf and in order to screen himself from the offence, he threw her dead body under the dumping yard and also threw her mobile, spectacles and purse and further burnt her wallet and her ATM card at Sarasmar Road and thereby, committed the aforesaid offences.

(3.) Further case of the prosecution is that Tarachand Singh (P.W.-1), father of the deceased, lodged a missing complaint regarding her daughter Annu Singh at Police Station Kharsiya. During investigation, it came to the knowledge of police authorities that Annu Singh was last seen together with the appellant as informed by her father Tarachand Singh (P.W.-1). Thereafter, on 30/05/2013 at about 8:30 PM, memorandum statement of the appellant was recorded vide Ex. P/5 in the presence of Dhur Singh Rathiya (P.W.-2) and Nirmaldas (P.W.- 4 ) pursuant to which, dead body seizure panchnama was prepared vide Ex. P/6 and dead body of Annu Singh was found in the dumping yard in decomposed condition which was identified by Tarachand Singh (P.W.-1) and Milan Singh Rajput (P.W.-5) vide Ex. P/7. Appellant's motorcycle was seized vide Ex. P/8 and at his instance, burnt wallet and ATM card belonging to the deceased were seized from the bushes in Sarasmal Road vide Ex. P/9 and mobile phone and spectacles belonging to the deceased were seized from Chhal Dam vide Ex. P/10. The said seized articles were also identified by Tarachand Singh (P.W.-1) vide Ex. P/4. Thereafter, merg intimation was registered vide Ex. P/23 and first information report was lodged against the appellant vide Ex. P/19. An application for postmortem of deceased Annu Singh was made by the Investigating Officer B.S. Singh (P.W.-9) vide Ex. P/18 to which Dr. U.S. Rathiya (P.W.-8) opined that the body was in stage of advanced decomposition and referred for performing autopsy to CIMS, Bilaspur pursuant to which report was submitted by Dr. R.K. Singh (P.W.-10) vide Ex. P/25 stating that dead body was in moderate to advanced stage of decomposition with partial mummification and cause of death and duration of death could not be determined. After due investigation, the appellant was charge-sheeted for offences punishable under Ss. 364, 302 and 201 of IPC which was committed to Court of Sessions for trial in accordance with law. The appellant abjured his guilt and entered into defence.