PRAKASH AND ORS. Vs. STATE OF C.G.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 19.02.2003 passed by the 1st Additional Sessions Judge, Raipur in S.T. No. 116/02, whereby & whereunder the trial Court after holding the appellants herein guilty for causing homicidal death of deceased Rampyare Satnami, amounting to murder, in sharing common intention and for concealing the evidence of a criminal case, convicted them under Sections 302/34 & 201 of the Indian Penal Code (for short 'the IPC) and sentenced each of them to undergo rigorous imprisonment for life & fine of Rs. 5,000/-, in default to undergo additional R.I. for 02 years and R.I. for 02 years and fine of Rs. 2,000/-, in default to undergo additional R.I. for 06 months respectively. Conviction is impugned on the ground that without there being any iota of evidence, the trial Court has convicted and sentenced the appellants as aforementioned and thereby committed illegality.

(2.) As per case of the prosecution, on 14.10.2001 unfortunate deceased Rampyare had gone to village Abhanpur to attend "Mahila Sammelan" but he did not return till 9.00 p.m. to his house situate at village Thelkabandh, Police Station Abhanpur, District Raipur. Vishal Ram (PW-5) noticed presence of co-accused Resham & appellant No. 1-Prakash near the canal road and on the same day, he noticed dead body of deceased Rampyare lying in the barn of one Barodawale. Bicycle of the deceased Rampyare lying in the barn of one Barodawale. Bicycle of the deceased was also lying near the place of incident. Co-accused Resham was also found standing near the place of incident. Death was informed to Fanesh (PW-3), son of the deceased, who after seeing the dead body went to the Police Station Abhanpur and lodged FIR (Ex. P-7). Merg was also recorded vide Ex. P-28. After some time Bhagelu (PW-9) noticed that the accused persons were dragging the dead body of deceased Rampyare. The Investigating Officer left for scene of occurrence and after summoning the witnesses vide Ex. P-8, inquest over the dead body of the deceased was prepared vide Ex. P-9. Earlier deceased Rampyare had also lodged report of Ex. P-10 on 9.10.2000 against appellant Prakash, Ramkali & Sitaram relating to his suspicion. Bloodstained soil and plain soil recovered from the spot vide Ex. P-16. Dead body was sent for autopsy to the Medical College, Raipur vide Ex. P-29 where Dr. Ulhas Gonnade (PW-17) conducted autopsy vide Ex. P-36 and noticed following injuries & symptoms:--

(3.) After completion of investigation, charge-sheet was filed in the Court of Judicial Magistrate 1st Class, Raipur who, in turn, committed the case to the Court of Sessions from where the Additional Sessions Judge received the case on transfer for trial. In order to prove guilt of the appellants, the prosecution had examined as many as 17 witnesses. Statements of the accused persons were recorded under Section 313 of the Code, in which they denied the circumstances appearing against them and pleaded innocence & false implication in the crime in question. They have examined defence witnesses namely Disheshwar (DW-1) & Madanlal (DW-2) who have deposed that villagers noticed dead body of deceased Rampyare.