STATE OF CHHATTISGARH Vs. SOHAN YADAV

JUDGEMENT

(1.) Since both these appeals have preferred by appellant/State and the complainant against the impugned common judgment, they are being disposed of this common judgment.

(2.) By virtue of the impugned judgment dtd. 20/01/2017 passed by Fourth Additional Sessions Judge, Bilaspur, District- Bilaspur (C.G.) in Sessions Trial No.04/2016, respondent No.1- Sohan Yadav and respondent No.2-Mohan Yadav have been acquitted with regard to the offence punishable under Ss. 302/34 and 201 of IPC, while, respondent No.3- Rajaram Yadav has been acquitted under Sec. 201 of IPC .

(3.) Briefly stated the case of the prosecution is that, on 16/11/2015, at about 08:30 A.M., one Radheshyam Sahu (PW-21) lodged the merg intimation (Ex.P/3) before the Police Station-Chakarbhata, District-Bilaspur (C.G.), stating therein that, on the previous day, i.e., 15/11/2015 at 06:00 P.M., his brother (deceasedHarinarayan) has left the house in order to deposit electricity bill by his motorcycle, but did not return till late night, therefore, they have tried to contact him on his mobile phone, which was found to be switched off. It is stated further that in the next day morning, the motorcycle of the deceased was found by side of the road and at some distance, pen of deceased was also found, on which, some blood stain was deducted and the dead body of him was lying into the water.