RAJMAN YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction & order of sentence dated 11.10.2002, passed by the 1st Additional Sessions Judge Bilaspur, in Sessions Trial No. 235/01 whereby & whereunder the Additional Sessions Judge, after holding the appellants guilty for causing homicidal death amounting to murder of Rajkumar Shukla in sharing common intention convicted appellant-Rajman under Sections 302 and 201 IPC and appellant No.2-Sukhnandan under Sections 302/34 and 201 IPC and sentenced both of them to undergo imprisonment for life under Sections 302 & 302/34 IPC, and rigorous imprisonment for three years under Section 201 IPC .

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

(3.) As per case of the prosecution, on the fateful day of 15.01.2001 Rajkumar Shukla went to the Hotel of appellant Rajman Yadav but he did not return back, missing report was lodged on 22.01.2001 in Rojnamcha. During the course of investigation, Vinod Dhruv (PW-12), A.S.I. Interrogated suspicious persons including the present appellants, during the course of interrogation, appellant No.1 Rajaman made disclosure statement of Kewcha and corpus delicti of deceased vide Ex. P/9 on 28.01.2001 at 10:40am. Appellant No.2 Sukhnandan made disclosure statement of stick and "corpus delicti" of deceased vide Ex. P/10 on 28.01.2001 at 10:45am. Dehati Nalishi and Dehati Merg were recorded vide Ex. P/7 & P/8 at 12:30 and 12:35 pm respectively. Investigating Officer went to Parsa Nala along with the appellants where the appellants indicated the place where corpus delicti of deceased was lying inside the ditch tied with rope, which was recovered at the instance of appellant Rajman vide Ex. P/12 at 12:50pm. Panchnama was prepared on the same day at 1 pm vide Ex. P/1. Kewcha was recovered from appellant Rajman vide Ex. P/11. After summoning the witnesses, inquest over the dead body of deceased Rajkumar was prepared vide Ex. P/2. Spot map was prepared vide Ex. P/4, Merg was recorded vide Ex. P/5 and FIR vide Ex. P/6. Corpus delicti of deceased was sent for autopsy to Community Health Centre, Podi Uproda vide Ex. P/16-A. Dr. G.S. Jatra (PW-11) conducted autopsy vide Ex.P/16 and found following injuries :-