SHANKAR NAYAK AND OTHERS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 23.11.2010 passed by the Sessions Judge, Raipur (CG) in S.T. No.79/2010 convicting the accused/appellants under Section 302/34 & 201 of the Indian Penal Code (for short 'the IPC') and sentencing each of them to undergo R.I. for Life & fine of Rs.1000/-, in default to undergo additional R.I. for 01 month and R.I. for 2 years and fine of Rs.500/-, in default to undergo R.I. for 15 days respectively.

(2.) The prosecution story, in brief, is that the accused/appellants and deceased Chandrasekhar were working in Mohan Dhaba. In the night of 26.1.2010 there was some quarrel between accused/appellant No.2-Deepak & Chandrasekhar (since deceased) and in that process, Chandresekhar slapped accused/appellant No.2-Deepak. However, on the intervention of others, the quarrel stopped. Thereafter the accused/appellants, deceased Sekhar were playing cards in the servant quarters situated at the back side of dhaba. While playing cards some dispute had taken place between the deceased and the accused persons therefore they had committed his murder by causing injuries by chopper. It is further case of the prosecution that after committing murder of deceased, they stuffed the body of deceased in a gunny bag and threw the said gunny bag in the field situated at some distance from the place of occurrence. Khilawan (PW-8) & Fatteeram (PW-11) had witnessed the incident and they informed about the same to Dipak Kansari, Manager of Dhaba, who called the owner of Dhaba namely Shobhraj and narrated the incident to him. On 27.1.2010 at 8.00 a.m. FIR (Ex.P-3) was lodged by Shobhraj against the accused/appellants. Merg Intimation (Ex.P-2) was also recorded at 8.05 p.m. The investigating officer after summoning the witnesses prepared inquest of the dead body of deceased vide Ex.P-5. Dead body was sent for post-mortem examination to Medical College Hospital, Raipur where Dr. Ulhas Gonnade (PW5) conducted post-mortem examination and opined that cause of death was injury to skull & neck by hard, sharp & heavy weapon and death was homicidal in nature.

(3.) After completion of investigation, charge sheet was filed against the accused/appellant under Section 302/34 & 201 of the IPC and accordingly the charges were framed by the trial Court against the accused/appellants.