NITISH KUMAR BANJARE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard Mr. Neeraj Mehta, learned counsel for the appellant. Also heard Dr. Surendra Kumar Dewangan, learned Panel Lawyer, appearing for the respondent/State.

(2.) This criminal appeal preferred under Sec. 374(2) of the Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dtd. 21/7/2023 passed by the learned Sessions Judge, Durg, District Durg (C.G.) in Session Case No. 180 of 2021 by which the appellant has been convicted for the offences punishable under Ss. 302 and 460 of the Indian Penal Code (IPC) and sentenced him to undergo rigorous imprisonment for life with fine of Rs.500.00, in default of payment of fine additional rigorous imprisonment for 01 month and sentenced him to undergo rigorous imprisonment for life with fine of Rs.500.00, in default of payment of fine additional rigorous imprisonment for 01 month (both sentences are directed to run concurrently).

(3.) Case of the prosecution, in brief, is that on 16/6/2021 at about 8.30 p.m. in the night, after having a food deceased, namely, Harishankar Verma went his duty of watchman to Seva Sahakari Samiti Bhawan, Nandauri. On 17/6/2021, Harishankar Verma did not return to his home, then Smt. Tarini Verma (PW-8) daughter-in-law of Harishankar called mobile of Harishankar Verma, but phone was switched off. Then Smt. Tarini Verma (PW-8) came to the gate of Seva Sahakari Samiti Bhawan and Om Prakash Banjare (PW-12), Ravi Shankar Banjare and computer operator Dharmendra Kumar (PW-11) of the Society, the gate was closed, Smt. Tarini Verma removed the wire cordon and entered inside the building premises, as the first gate of the building was closed from inside and went near the channel gate and saw that the channel gate was opened about 11/2 ft. After entering through the said channel gate, Smt. Tarini Verma called out to her father-inlaw, but finding no voice, she entered the room and saw that the almirah was broken. On moving forward, she saw that deceased-Harishankar Verma was lying unconscious on the iron bed. Both his legs were dangling below the bed, there was a mark of injury on his head. Smt. Tarini Verma came back and called out Om Prakash Banjare, Ravi Shankar Banjare and Dharmendra standing outside the gate. The said three persons came inside and saw that the door of the almirah of the room was open and broken and Harishankar Verma was lying dead on the bed. The said persons had informed Shashikant Verma (PW-2) by phone. Shashikant Verma (PW-2) informed the police in this regard. According to Inspector Vinay Singh Baghel (PW-13), he had registered the Dehati Nalisi (Ex.P/4) on the basis of Dehati Merg Intimation (Ex.P/3). As per the instructions of Shashikant Verma (PW-2), a Spot Panchnama (Ex.P/6) was prepared. Notice was given to the witnesses under Sec. 175 of the Cr.P.C. (Ex.P/8) for panchnama proceedings of the dead body, in the presence of the witnesses, the Inquest Report (Ex.P/9) of the dead body of deceasedHarishankar was done. In Police Station Purani Bhilai First Information Report (FIR) (Ex.P/33) was registered on the basis of Dehati Merg Intimation (Ex.P/3). During the investigation, Inspector Vinay Singh Baghel (PW-13) on 18/6/2021, after taking the accused in custody and interrogating him, memorandum statement (Ex.P/13) of the appellant was registered. When the accused produced it, the key of the Scooty was seized as per Property Seizure Memo (Ex.P/14). When the accused produced it from the trunk of the Scooty, Rs.8,00,510.00 and the Scooty No. CG 07/AS - 7034 were seized as per Property Seizure Memo (Ex.P/15). The accused took out and presented the broken iron lock was seized as per Property Seizure Memo (Ex.P/16). The accused also produced a black colored full pant, which had stains and spots like blood and an unnumbered H.F. Deluxe motor cycle were seized as per Property Seizure Memo (Ex.P/ 17). Thereafter, the accused took out and presented a crowbar which had blood stains on the front and the remains of burnt clothes, which were seized asd per Property Seizure Memo (Ex.P/18). In relation to the recovery of Scooty key, broken iron lock and remains of burnt shirt, Recovery Panchnama (Exs.P/19 to P/21) were prepared. In relation to the recovery of notes, the Panchnama Seizure (Ex.P/22) was prepared. Thereafter, on 18/6/2021, the accused was arrested as per Arrest/Court Surrender Memo (Ex.P/23) and the family members were informed as per Information of Arrest (Ex.P/31).