RAVINDRA @ RAVISONKAR Vs. STATE OF C.G.

JUDGEMENT

(1.) The instant appeal has been moved against the judgment dtd. 25/1/2017 passed by the Additional Sessions Judge, Durg in Sessions Trial No.11/2013, whereby the appellants have been convicted and sentenced as under:

(2.) In this case, name of deceased is Mustkim. According to the case of prosecution, on 9/9/2012, PW1 Abdul Kayum alias Raja went along with Mustkim to his house where Sonu, Arif and Bantu were present. At that time, appellant Dayal also came there. A short talk took place between Dayal and Mustkim. Thereafter, both of them went on a motorcycle towards Power House Railway Station. PW1 Abdul also went along with them. All the above 3 persons reached waiting room of the railway station. Thereafter, both Dayal and Mustkim left the company of PW1 Abdul and they sent PW1 Abdul for purchasing gutkha. After purchase of gutkha, when PW1 Abdul came back there, both Dayal and Mustkim were not present there. He search them. It was found by him that behind the highway canteen situated near railway track, appellants Dayal, Ravi Sonkar and Vicky alias Virendra Sonkar and other appellants were committing marpeet with Mustkim with the help of knives and other sharp edged weapon. He immediately reached Chataipara, i.e., the mohalla of Mustkim and there he informed the incident to Sonu, Yusuf and other persons. Thereafter, all of them reached the spot. It was found by them that Mustkim was lying dead on the railway track behind the highway canteen. First Information Report (Ex.P1) was lodged by PW1 Abdul on 9/9/2012 at 10:40 p.m. Inquest (Ex.P49) was conducted. Post mortem examination over the dead body of Mustkim was conducted by PW9 Dr. Sanjay Kumar. Post mortem report is Ex.P35 in which total 15 injuries were found. Cause of death is reported to be shock, extensive head injury and pulmonary injury. Mode of death is reported to be homicidal. During the course of investigation, disclosure statements under Sec. 27 of the Evidence Act of appellants Ravindra @ Ravi, Santosh Giri @ Jogo, Virendra, Shiva @ Kallu Sonkar, Dayal, Imtiaz @ Kallu were recorded vide Exhibits P5, P7, P45, P8, P9 and P10, respectively. On the basis of their disclosure statements, knife and clothes were seized from appellant Ravindra vide Ex.P6, knife and clothes were seized from appellant Santosh vide Ex.P11, clothes were seized from appellant Virendra Sonkar vide Ex.P46, chapad and clothes were seized from appellant Shiva vide Ex.P12, motorcycle, foldable knife and clothes were seized from appellant Dayal vide Ex.P13 and clothes were seized from appellant Imtiaz vide Ex.P14. Plain and blood stained soil were seized from the place of occurrence vide Ex.P2. All the seized articles were sent to the Forensic Science Laboratory (FSL) for examination. FSL report is Ex.P51. According to the FSL report, on the cloth (Article B) seized from appellant Ravindra and on the cloth of deceased Mustkim (Article P2) human blood was found. Statements of witnesses were recorded under Sec. 161 of the Code of Criminal Procedure. On completion of investigation, a chargesheet was filed.

(3.) The Trial Court framed charges. The prosecution examined as many as 14 witnesses and exhibited 81 documents in support of its case. 2 witnesses were examined in defence. The appellants denied the guilt and pleaded innocence in their examination under Sec. 313 of the Code of Criminal Procedure. On completion of the trial, the Trial Court convicted and sentenced the appellants as mentioned earlier. Hence, the instant appeal.