KAUSHAL @ DIAMOND Vs. STATE OF C.G.

JUDGEMENT

(1.) This criminal appeal preferred under Sec. 374(2) of the Cr.P.C. is against impugned judgment of conviction and order of sentence dtd. 23/06/2023 passed in Special Criminal Case No. 19/2021 by the learned Special Judge, Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, Rajnandgaon, District- Rajnandgaon, whereby the appellant has been convicted under Ss. 302 and 201 of the IPC and sentenced to undergo Life imprisonment with fine of Rs.10,000.00, in default of payment to further undergo rigorous imprisonment for 1 year and RI for 5 years with fine of Rs.5000.00, in default of payment to further undergo RI for 6 months, respectively.

(2.) The case of the prosecution in brief is that in the year 2019 Avinash Ramteke (henceforth referred to as 'Deceased') married with Sushmita Ramteke and start to reside at Dongargarh. Sushmita Ramteke remained at her matrimonial home for one year as she got an employment at Raipur. She used to travel from Dongararh to Raipur for her employment. In the year 2020 she was blessed with a daughter and started to reside in a rented house at Raipur. On 1/2/2021, first birthday of the daughter of Sushmita Ramteke was celebrated at Dongargarh and in the aforesaid function, present appellant along with his friends came to celebrate the birthday. After the birthday celebration, Sushmita Ramteke again returned back to the Raipur.

(3.) On 23/3/2021 at about 6:30 p.m. the Deceased was not present in the home and on this his father asked whereabouts of Deceased and in reply her daughter namely Yamini Ramteke informed that his brother received a phone call of the appellant and had gone to meet him. After a long time, when the Deceased did not return back to the home, his father went along with his neighbor namely Chandrashekhar to search the Deceased, but they could not trace him. So, they called over the mobile phone of the Deceased, but the said phone was found switched off. Subsequently, they also went to the "Shende Lodge' to search the Deceased, but in that place also they did not find the Deceased Thereafter, at about 11:00-12:00 a.m. father of the Deceased talked with wife of the Deceased, but she was also not able to tell the whereabouts the Deceased as the mobile phone of the Deceased was switched off.