KISHAN KUMAR SIDAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the CrPC is directed against the impugned judgment & order dated 25-1- 2018 passed by the 2nd Additional Sessions Judge, Sakti in Sessions Trial No.32/2016, by which the appellant herein has been convicted for offence under Ss. 302 (two times) & 201 (two times) of the IPC and sentenced as under with a direction that the sentences shall run concurrently: -

(2.) Case of the prosecution, in short, is that the appellant herein in between 1/7/2015 and 31/7/2015 at Village Chandeladih, Police Station Malkharoda, District Janjgir-Champa, caused the death of his father Nankiram Sidar (D-1) and his step-mother Nankibai Lohar (D-2) by making assault by axe and thereby committed their murder and in order to screen himself from the offence, buried the dead bodies under the compost pit in his house and thereby committed the offence. It is not in dispute that deceased Nankiram Sidar (D-1) was the father of the appellant and deceased Nankibai Lohar (D-2) was the step- mother of the appellant and since Nankiram Sidar (D-1) has entered into second marriage with Nankibai Lohar (D-2), who is of other caste, the appellant has left his father's house and D-1 & D-2, both were living together and the appellant was residing with his cousin Jhadu Sidar (PW-3). Thereafter, on being called by his father Nankiram Sidar (D-1), the appellant started living with his father and all of a sudden, immediately prior to the date of offence, the appellant came to Jhaduram (PW-3) and left the premises giving him the keys of his house citing that his father & mother had gone out of the village for earning their livelihood and he is also going.

(3.) In the year 2016, the appellant came back to the village and he was taken into custody by Police Station Malkharoda under Crime No.127/2016 for offence punishable under Ss. 457 & 380 of the IPC and in that case, Investigating Officer Shivnath Tandon (PW-15) recorded the memorandum statement of the appellant vide Ex.P-38 on 18/6/2016 in which the appellant has disclosed that he has committed the murder of his father (D-1) & mother (D-2) while they were sleeping and buried the dead bodies under the compost pit of his house. Thereafter, vide Ex.P-40, Investigating Officer of the present case K.P. Gupta (PW-17) made a request for police remand of the accused/ appellant to the remand court alleging that the accused in the present case has killed his father & mother and buried the dead bodies in the compost pit and remand was granted by the jurisdictional criminal court. Accordingly, vide Ex.P-41, Investigating Officer K.P. Gupta (PW-17) wrote a letter to the Sub-Divisional Magistrate, Sakti for appointment of Executive Magistrate for exhumation of the dead bodies and thereafter, vide Ex.P-36, the SDM, Sakti has appointed Mr. A.R. Khan, Tahsildar, Malkharoda for exhumation of the dead bodies and vide Ex.P-27, on 19/6/2016, mouka panchnama i.e. panchanama of the place of incident was prepared and vide Ex.P-28, dead bodies were exhumed. Identification panchnama of the dead bodies of D-1 & D-2 was prepared vide Ex.P-12 by Investigating Officer K.P. Gupta (PW-17). Inquest over the dead bodies of both the deceased persons was conducted vide Exs.P-16 & P-17 and dehati merg was prepared vide Exs.P-44 & P-45. Male dead body/skeleton was identified as Nankiram Sidar (D-1) through hair, baniyan, underwear & gamcha and female dead body/skeleton was identified as Nankibai Lohar (D-2) through hair, green colour sari, bangles & mala. Thereafter, vide Ex.P- 29, memorandum of the appellant was recorded pursuant to which axe (weapon of offence) was recovered vide Ex.P-30 and the same was sent for chemical analysis to the Regional FSL, Bilaspur, however, no blood much less human blood was found on it vide FSL report Ex.P-65.