SHIVCHARAN KANWAR Vs. STATE OF C.G.

JUDGEMENT

(1.) At the outset, it is apposite to take note of the fact that there were total four accused persons in the instant case, out of which only A-1 Shivcharan Kanwar, A-2 Bharat Kanwar and A-4 Bifan Kanwar have challenged their conviction and sentence by preferring the instant appeal, whereas A-3 Rammin has not preferred any appeal against her conviction and sentence awarded by the impugned Judgment dtd. 20/4/2018.

(2.) Assail in the present criminal appeal, under Sec. 374(2) of the Code of Criminal Procedure, 1973 ('CrPC', in brief) by A-1 Shivcharan Kanwar, A-2 Bharat Kanwar and A-4 Bifan Kanwar is to the impugned Judgment dtd. 20/4/2018 passed by learned Third Additional Sessions Judge, Ambikapur, District Surguja (Trial Court) in Sessions Case No.105 of 2016, by which A-1 Shivcharan Kanwar and A-2 Bharat Kanwar each of them has been convicted for offence under Ss. 302/34 and 201 of the Indian Penal Code, 1860 ('IPC', in brief) and A-4 Bifan Kanwar has been convicted for offence under Ss. 364, 302/34 and 201 of IPC and they have been sentenced thereunder as mentioned in the chart given below:- <IMG>JUDGEMENT_25_LAWS(CHH)8_2024_1.jpg</IMG>

(3.) On 13/5/2016 at about 5:30 a.m. from Vasen Bhudsari Raed river in Village Tunga under the jurisdiction of Police Station Lakhanpur, District Surguja, the four accused persons in the instant case are said to have abducted Suraj Dhanwar (deceased), who was aged about 13 years, from his lawful guardianship in order to commit human sacrifice and thereafter, in furtherance of their common intention, they committed murder of Suraj Dhanwar by cutting his throat by sharp edged weapon i.e., gandasa, and further in order to screen themselves from legal punishment they cause the evidence of his murder to disappear by concealing his dead body.