KARAN SURYAVANSHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since the aforesaid three criminal appeals have been filed against the impugned judgment dtd. 12/1/2023 passed by the Second Additional Sessions Judge, Janjgir, District Janjgir-Champa, in Sessions Case No.85/2021, they were clubbed & heard together and are being disposed of by this common judgment.

(2.) Appellants-Karan Suryavanshi, Rakesh Rohidas and Raja Yadav @ Rajveer have preferred these three criminal appeals under Sec. 374(2) of the CrPC questioning the impugned judgment dtd. 12/1/2023 passed by the Second Additional Sessions Judge, Janjgir, District Janjgir-Champa, in Sessions Case No.85/2021, by which they have been convicted for offence under Sec. 302/34 of the IPC and sentenced to undergo imprisonment for life and fine of Rs.5000.00, in default of payment of fine to further undergo RI for six months.

(3.) Case of the prosecution, in brief, is that on 7/6/2021 at 8.50 A.M. Chaitram Suryavanshi (PW-2) informed the Police Station Sargaon that his cousin Akash Ratnakar had left the house since 6/6/2021 at 11.30 P.M. whose dead body is lying in the field beside Mahant Math on 7/6/2021 at 7.30 A.M. A light blue colour cloth was tied on neck of deceased Akash Ratnakar. On the basis of information of Chaitram Suryavanshi (PW-2), merg was recorded vide Ex.P-2 and thereafter, on the basis of merg (Ex.P2), the FIR was registered against unknown person vide Ex.P-1. Spot map was prepared by the investigating officer vide Ex.P-16. Memorandum statements of the appellants were recorded vide Exs.P-6, P-7 to P-8 and on the basis of their memorandum statements, clothes of the appellants stains with blood on producing the same by them were recovered vide recovery panchnama Exs.P-9, P-10 and P-11. Seizure memos were also prepared vide Exs.P-12, P-13 and P-14. Bloodstained and plain soil were recovered from the spot vide Ex.P-15. Patwari also prepared spot map vide Ex.P-5. Inquest was conducted over dead body of the deceased vide Ex.P-18. Dead body of the deceased was sent for postmortem to Primary Health Center, Saragaon, where Dr.Amit Agrawal (PW-5) conducted postmortem vide Ex.P4 and found following injuries:-