BHOJRAM SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present appeal is against the judgment of conviction and order of sentence dtd. 22/6/2021 passed by the 1st Additional Sessions Judge, Raipur, in S.T. No.57/2018 whereby the appellants have been convicted under Ss. 302/34, 201 and 120-B of the Indian Penal Code (for short 'the IPC') and sentenced them to undergo life imprisonment; RI for 7 years; and RI for 5 years, respectively with usual default stipulations. All the sentences were directed to run concurrently.

(2.) (i) Case of the prosecution, in brief, is that a missing report of Khubchand Sahu (since deceased) was lodged at Police Station Siltara by the accused No.2 namely; Neera Sahu, wife of the deceased, on 5/10/2017, stating that on 27/9/2017 her husband went out from the house at 10.00 pm and the description was given. She also stated that the deceased always used to remain in inebriated condition due to heavy drinking habit and when enquired about the deceased from the relatives his whereabouts were not found, therefore, a missing report was lodged. On the basis of the same, the police started investigation.

(3.) During trial the appellants/accused abjured their guilt and claimed to be tried. The prosecution examined as many as 17 witnesses and exhibited 68 documents. Upon appreciation of evidence, the trial Court came to a finding that the appellants have committed the offence and convicted and sentenced them as mentioned above. Thus, this appeal.