SHASHI PRATAP SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant criminal appeal filed by the appellants herein under Sec. 374(2) of the Cr.P.C. challenging therein judgment of conviction and order of sentence passed by the Additional Sessions Judge, Katghora, District Korba (C.G.) dtd. 14/8/2013 in Sessions Trial No. 67/2012, whereby each of the appellants has been convicted and sentenced as under:- <FRM>JUDGEMENT_120_LAWS(CHH)1_2023_1.html</FRM>

(2.) Case of the prosecution, in short, is that the appellants along with coaccused Vikky Lakra (acquitted by the trial Court) in furtherance of their common intention in between 11/5/2012 and 21/5/2012 near tipper-road, railway-track in field of Gopal Singh Kanwar committed murder of Moses Joseph assaulting him by fists, kicks over his mouth, jaw and chest and thereafter, his dead body was buried in mud. It is also alleged that the appellants took the rings of the deceased. Information was received by Police Station on 21/5/2012 to the effect that hand of the dead body was visible in a mud field and consequently, Roznamcha Sanha No. 24/2012 (Ex.-P/39) was recorded. The police party reached to the spot and report was sent to Sub-Divisional Magistrate, Katghora to exhume the dead body vide Ex.-P/43. Panchnama of the dead body was prepared vide Ex.-P/2, dead body was exhumed on 22/5/2012 at 09:30 hours vide Ex.-P/3 and dead body was recovered on 22/5/2012 at 10:15 hours vide Ex.-P/4. The dead body was identified by S.D. Joseph (PW-4, father of the deceased) vide Ex.-P/5. Dehati merg intimation was registered and thereafter, numbered merg intimation was registered vide Ex.-P/36. The dead body was sent for postmortem vide Ex.-P/44. Site plan was prepared vide Ex.-P/11. Wet soil and dry soil were seized from the spot vide Ex.-P/9. F.I.R. (Ex.-P/46) was registered. The postmortem of the body was conducted by Dr. P.S. Kanwar (PW-16) and his report is Ex.-P/38. Statement of the witnesses was recorded under Sec. 161 of the Cr.P.C. One silver like ring and one motorcycle were seized from appellant No.1 vide Ex.-P/16 on the basis of his memorandum statement (Ex.-P/15). Memorandum statement of appellant No.2 was recorded vide Ex.-P/17 and one silver like ring, his shirt and trousers were seized vide Ex.-P/18. Memorandum statement of co-accused Vikky Lakra was recorded vide Ex.-P/19 and his clothes were seized vide Ex.-P/20. Blood stained soil and one broken SIM was seized vide Ex.-P/24. The application was sent to Sub-Divisional Magistrate for identification of the rings of the deceased vide Ex.-P/32. An application was made to Tehsildar for preparing site map through Patwari vide Ex.-P/33. The seized articles i.e. trousers, shocks, underwear, shoes, one garland and other articles were sent for FSL vide Ex.-P/53. On 17/5/2012 missing report was lodged by father of the deceased (PW-4).

(3.) After completion of the investigation, charge-sheet was filed against the present appellants and co-accused Vikky Lakra for offence punishable under Ss. 302, 201 read with Sec. 34 of the IPC before the Judicial Magistrate First Class, Katghora which was committed to the Court of Additional Sessions Judge, Katghora for hearing and disposal in accordance with law.