HETRAM NAYAK Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Invoking criminal appellate jurisdiction of this Court, the present Criminal Appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 (in short, 'CrPC') has been preferred by the appellants herein against the Judgment & Order dtd. 17/11/2016 passed by Additional Sessions Judge, Sarangarh, District Raigarh in Sessions Case No.29/2015 whereby each of the appellants has been convicted for the offences punishable under Ss. 302/149, 201/149 & 120B of the Indian Penal Code, 1860 (in short, 'IPC') and sentenced in the following manner:-

(2.) All the appellants herein faced criminal trial before the Additional Sessions Judge, Sarangarh, District Raigarh (in short, 'Trial Court') for the charges under Ss. 302/149, 201/149 & 120B of IPC on the allegation, as per the prosecution, that on 16/7/2015 at about 10:30 p.m., at Village Bar under Police Station Sariya, District Raigarh, the appellants together, in furtherance of their common object, caused death of Sukhsagar Nayak assaulting him by hammer and also by strangulating him and further with an intention to conceal the evidence, they wrapped the dead-body of Sukhsagar Nayak in a plastic bag and threw it in Mahanadi river in order to screen themselves from legal punishment, thereby they all remained involved in the said criminal conspiracy. A-3 Chandrahas Sidar also was charged for the offence punishable under Sec. 25 of the Indian Arms Act, 1959 (in short, 'Arms Act') on the allegation of his unlawfully possessing a country made pistol without a valid licence from the competent authority.

(3.) The substantial admitted facts in the case which are not in dispute are that the appellants and deceased Sukhsagar all were residents of Village-Bar. A-1 Hetram Nayak and A-2 Janki Nayak are husband and wife. The deceased Sukhsagar Nayak was the elder brother of Premsagar Nayak (PW-5) and father of Harish Nayak (PW-10). Rest of the facts are disputed being not admitted.