MADHAV YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellants herein under Sec. 374(2) of the Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dtd. 5/9/2019 passed in Sessions Trial No.93/2018 by the 5th Additional Sessions Judge, Raigarh, C.G., by which, the appellants stand convicted & sentenced as under:-

(2.) Case of the prosecution, in brief, is that in the intervening night of 23/5/2018 at around 6:30 pm to 24/5/2018 at about 8:00 am, at village Karichhapar, within the jurisdiction of Police Station Chakradharnagar, District Raigarh, C.G., appellants herein, in furtherance of their common intention, committed murder of deceased persons namely Manohar Rathiya and Shyamlal Rathiya and in order to conceal the evidence, appellants hid the dead body of deceased- Manohar Rathiya inside a cement pipe of canal which was 10 kms away from the place of incident, whereas also threw the dead body of deceased- Shyamlal Yadav in the river and thereby committed the aforesaid offences.

(3.) Further case of the prosecution is that on 24/5/2018, PW-3 Bhup Singh, lodged a report at Police Station Chakradharnagar, stating that on the same day at around 8:00 am, a commotion arose in the village regarding the discovery of two dead bodies lying at different locations. One dead body was found inside a cement pipe near the Sapnai canal, while the other was found lying in the Sapnai river and there were blood stains on the roadside going from Kotmar and Karichhapar and an orange-coloured gamchha was also found tied below the road. After that, dead body of the deceased were recovered from the above mentioned places. On the basis of above report, Dehati merg intimations vide Exs.P-13 & 14 and merg intimations vide Exs.P-15 & 16 were recorded. Thereafter, Ex.P-12 Dehati First Information report and vide Ex.P- 17, First Information Report were registered against the unknown persons. Inquest proceedings were conducted vide Ex.P-2 and dead body of deceased persons were sent for postmortem examination which was conducted by PW-9 Dr. Rajesh Goswami and PW-10 Dr. Devraj Chouhan, who have proved the postmortem reports Exs.P-32 & 34. According to PW-9 Dr. Rajesh Goswami, cause of death of deceased-Manohar Rathiya was shock and heamorrhage as a result of cranio-cerebral injuries and cut throat injury and mode of death of deceased was homicidal in nature, whereas according to PW-10 Dr. Devraj Behra, cause of death of deceased- Shyamlal Yadav was due to injury to vital organ like lung leading to massive haemorrhage and caused by moderately heavy, sharp and hard object and mode of death of deceased was homicidal in nature. During investigation, appellants were arrested vide Exs.P-51 & 52. Memorandum statement of the appellants were recorded vide Ex.P-19 & 20, consequent to which, blood stained T- shirts of appellants Madhav Yadav and Ajay Yadav were vide Exs.P-21 & P-22. Vide Exs.P-23 & P24, blood stained axe and cycle was recovered from the possession of appellant No.1 Madhav Yadav. Vide Ex.P-25, clothes of deceased and his body parts were sealed and packed in box. From the spot, plain and blood stained soil were also seized vide Exs.P-5 & 6 and vide Ex.P-8, slippers, torch and cycle were seized from the spot. Seized articles were sent to FSL for chemical examination and as per FSL report, human blood has been found on the articles i.e. "A, C, G, N2, O, Q and R".