JAN SINGH BAIGA Vs. STATE OF C.G.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction & order of sentence dated 31.08.2009 passed by the 1st Additional Sessions Judge, Bilaspur in Sessions Trial No. 104/2009, whereby and whereunder the trial Court, after holding the appellant guilty for causing homicidal death amounting to murder of Omprakash Baiga and for concealing the evidence, convicted the appellant under Sections 302 and 201 of the Indian Penal Code (for short, 'the IPC') and sentenced him to undergo imprisonment for life & fine of Rs. 200/-, in default, additional R.I. for one month and to undergo R.I. for 5 years & fine of Rs. 300/-, in default, additional R.I. for two months. Conviction is impugned on the ground that without there being an iota of evidence against the appellant, the trial Court has convicted & sentenced the appellant as aforementioned and thereby committed illegality.

(2.) As per case of prosecution, deceased - Omprakash Baiga was real nephew of the appellant. There was love affair between deceased, Omprakash and the daughter of appellant/accused namely Ramkali. (PW-4). On the date of incident i.e. on 15.01.2009 in between 11.00 to 11.30 p.m. at village Choonakhodra (Umariya), deceased Omprakash went to appellant's house to meet with his girl friend Ramkali. It is alleged that on seeing the deceased by the accused, he gave stick (lathi) blow and thereafter committed murder by throttling and gagging his neck and after that with intent to disappear the evidence put the dead body in a bag and taken it into Karga Pahar and thereafter thrown in a ditch, which is 30 meter depth under the Karga mountain in forest area. On 19.01.2009, a missing report (Ex. P-24) of the deceased was lodged by Anjor Singh Baiga (PW-1), father of the deceased, which was recorded in Rojnamcha Sanha. During course of searches of Omprakash, some information was received by Anjor Singh Baiga (PW-1), he reported aforesaid incident at police chowki, Belgahna, which has been recorded as Dehati Nalishi (Ex. P-10). On the basis of which, FIR (Ex. P-29) was lodged at police station, Kota.

(3.) During the course of investigation, appellant was taken into custody, he made disclosure statement that in which place he has thrown the dead body of deceased - Omprakash vide Ex. P-4. The same was recovered at the instance of the appellant vide Ex. P-18. Dead body of Omprakash was identified by witness vide Ex. P-1. Bloodstained and plain soil was recovered from the spot vide Ex. P-15. Two bloodstained bags, one shawl and one lungi of the deceased were seized from the spot vide Ex. P-17. One bloodstained stick, one lungi, one sweater and one axe were also seized from the house of the appellant vide Ex. P-16. Spot map was prepared by the police vide Ex. P-12. Patwari prepared spot map vide Ex. P-35.