RANASRAM RATHIYA Vs. STATE OF C.G.

JUDGEMENT

(1.) The appellant herein has preferred this appeal under Sec. 374(2) of the CrPC calling in question legality, validity and correctness of the impugned judgment of conviction and order of sentence dtd. 1/8/2013 passed by the Additional Sessions Judge (Fast Track Court), Raigarh in Sessions Trial No.131/2012, by which the appellant herein has been convicted under Ss. 302 and 201 of the IPC and sentenced to undergo imprisonment for life and pay a fine of ? 3,000/-, in default of payment of fine to further undergo additional rigorous imprisonment for one year and rigorous imprisonment for four years and pay a fine of ? 1,000/-, in default of payment of fine to further undergo additional rigorous imprisonment for six months, respectively.

(2.) Case of the prosecution, in short, is that on 29/5/2012 at 08.00 a.m., in Village Senaaama Jungle, Police Station Dharamjaigarh, the appellant assaulted Bhanwar Singh Rathiya, aged 85 years, on his neck and his wife Ramkunwar Bai, aged 70 years, on her back and also strangulated them and further, in order to screen himself from the aforesaid offence, buried both the dead bodies therein and thereby committed the offence. It is the further case of the prosecution that on 29/5/2012 at 8.00 a.m., the two deceased persons - Bhanwar Singh Rathiya and his wife Ramkunwar Bai, both, were going to the Department of Forest, Bankaruma Jungle for getting lease of forest land then the appellant, who was sitting in the said forest, assaulted them by wooden log and also strangulated them and buried the dead bodies in the forest. On 2- 6-2012, Kalash Ram Rathiya (PW-1) made missing complaint before Police Chowki Rairumakhurd, Police Station Dharamjaigarh, District Raigarh about the missing of his uncle and aunt Ramkunwar Bai (both deceased) that they have went to collect their land patta on 29/5/2012 and they were missing. The aforesaid information was recorded in roznamcha sanha and exhibited before the trial Court as Ex.P-28A proved by Dilkishore Giri (PW-9). On 7- 6-2012 at 9.00 a.m., on suspicion, the police made interrogation of the present accused / appellant and his memorandum statement was recorded vide Ex.P-18 in which he has disclosed that he has murdered his uncle Bhanwar Singh Rathiya and aunt Ramkunwar Bai across the road of Senama Jungle and buried their dead bodies in the Juma Pani Nala Jungle. He further disclosed that the wooden log used by him for the commission of offence was concealed in the cattle shed of his house. The said statement was recorded in presence of Rajesh Lakra (PW-5) and Kamhar Singh (not examined). On 7/6/2012 at 9.00 a.m. itself on the strength of the disclosure statement of the appellant, the police reached to the Juma Pani Nala Jungle and the dead bodies were exhumed from the place pointed out by the appellant herein vide recovery panchnama Ex.P-3 in presence of Rajesh Lakra (PW-5), Kamhar Singh (not examined) and Kalash Ram Rathiya (PW-1). Memorandum statement was recorded at Village Chirodih and dead bodies were recovered at the Juma Pani Nala Jungle. After recovery of dead bodies, the police has registered dehati nalsi at zero number vide Ex.P-6 on 7/6/2012 at 9.20 a.m. and the police has also registered dehati morgue intimation regarding the death of Bhanwar Singh vide Ex.P-29 at 9.30 a.m. and the police has identified the dead bodies as of Bhanwar Singh and Ramkunwar Bai vide Ex.P-4 at 9.45 a.m. The police has also registered dehati morgue intimation vide Ex.P-30 qua the death of Ramkunwar Bai. Spot map was prepared vide Ex.P-23 by Patwari Nareshchand Patel (PW-7). Dead bodies were sent for postmortem vide Exs.P- 31 and P-32 and postmortem was conducted vide Exs.P-24 and P-25 by Dr. B.L. Bhagat (PW-8). On the strength of the memorandum statement of the appellant, wooden log used by the appellant was recovered from the cattle shed of the house of the appellant vide Ex.P-21 and the seized wooden log and other articles were sent for chemical examination to the FSL vide Ex.P-36, but the FSL report has not been brought on record. Thereafter, on 7/6/2012 at 5.05 p.m., the police registered first information report (FIR) against the appellant for the offences punishable under Ss. 302 and 201 of the IPC and morgue intimation was registered regarding death of Bhanwar Singh vide Ex.P-8 and that of Ramkunwar Bai vide Ex.P-9.

(3.) Statements of the witnesses were recorded under Sec. 161 of the CrPC. After completion of investigation, charge-sheet was filed against the appellant before the jurisdictional criminal court and the case was committed to the Court of Sessions for trial from where the learned Additional Sessions Judge (FTC), Raigarh received the case on transfer for trial and for hearing and disposal in accordance with law.