VIPIN DUBEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present appeal is against the judgment dtd. 19/11/2019 passed by the learned II Addl. Judge to the Court of 1st Additional Sessions Judge, Raipur in Sessions Trial No.163/2018 whereby the appellant was convicted and sentenced as under : <IMG>JUDGEMENT_43_LAWS(CHH)10_2023_1.jpg</IMG>

(2.) The brief facts of the case are that on 11/5/2018 at about 8.10 a.m., a boy and girl namely Vipin Dubey (accused) and Apurva Tiwari (deceased) have taken a room No.105 in Yatrik Hotel, Raipur and while booking the room, all the necessary documents of ID proof were obtained at the reception counter of the Hotel. Subsequently the room was found to be locked and on 12/5/2018 when bad odor started coming, they saw inside the room through a ladder and found the dead body of a female lying on the bed. The same was informed to the police. Therefore, the merg intimation was recorded vide Ex.P-3 and subsequently the FIR was registered u/s 302 of IPC. After investigation of the case, necessary incriminating articles were seized from the appellant accused and after recording the statement, charge sheet was filed u/s 302 of IPC.

(3.) The prosecution examined as many as 13 witnesses and exhibited 41 documents apart from articles of driving licence (A-1), voter ID of deceased (A-2), CD Cassette (A-3) and a Pen-Drive (A-4) which were placed and proved. On behalf of the appellant accused, statement of Vikas Tiwari was recorded and in addition, certain documents were exhibited in defence.