AMAR SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The two appeals arise from a common judgment dated 09.06.2009 passed by Sessions Judge, Mahasamund (Chhattisgarh) in Sessions Trial No. 15 of 2009. The appellants have been convicted under Section 302/34 of the Indian Penal Code for having caused the death of one "Dukalu" and sentenced to life imprisonment with fine of Rs.2,000/-, failing which, they will have to undergo further six months rigorous imprisonment. The case of the prosecution rested on circumstantial evidence only.

(2.) The allegations against the appellants is to have caused the death of the deceased by strangulation and causing injuries on the head. Bagbahara P.S. Case No.232 of 2008 was registered on 08.11.2008 at 10:30 am by the in-charge Jamtara Police Station upon information received that a dead body was lying on the Binjwar-Khairadera approach road. The occurrence is stated to have taken place in the night of 20.08.2008 and 21.08.2008. Inquest report was recorded on 21.10.2008 marked Exhibit/4. The postmortem Exhibit P/10 was done by PW 9, Dr. Shakuntala Bariha, opining death had occurred 24 to 36 hours earlier. During investigation, it transpired that the appellants had illicit relations between themselves and they were last seen with the deceased. Appellant- Amrit Bai was taken into custody on 09.11.2008 and on her confession the cycle of the deceased was recovered from the house of PW 8, Bedul. Appellant- Amar Singh absconded and was taken into custody later. The deceased was the brother of the appellant-Amrit Bai.

(3.) The postmortem report Exhibit P/10 opined death was caused by strangulation and found the following injuries on the person of the deceased :-