AMAR SAI Vs. STATE OF CHAHATTISGARH

JUDGEMENT

(1.) CRIMINAL Appeal No. 1626/1994 filed by accused Amar Sai pertaining to the murder of Balmukund arising out of the Sessions Trial No. 49/93, CRIMINAL Appeal No. 710/2005 filed by the Same accused pertaining to the murder of Ratan arising out of the Sessions Trial No. 47/93 and CRIMINAL Appeal No. 729/2005 filed by the same accused pertaining to the murder of Phulbaso Bai arising out of the Sessions Trial No. 48/93 are being disposed of by this common judgment, as the evidence in all these three cases is similar and all the three murders of Balmukund, Phulbaso Bai & Ratan were committed at the same time, at one place, at the residence of deceased Balmukund, alleged to have been committed by accused/Appellant Amer Sai.

(2.) BY these appeals, accused/Appellant Amar Sai has questioned the legality of the judgment of conviction and order of sentence dated 24-9-1994 passed in Sessions Trail No. 49/93 pertaining to the murder of Balmukung, also the judgment of conviction and order of sentence dated 29-9-1994 passed in Sessions Trial No. 47/93 pertaining to the murder of Ratan, and the judgment of conviction and order of sentence dated 28-9-1994 passed in Sessions Trial No. 48/93 pertaining to the murder of Phulbaso Bai by the 2nd Additional Sessions judge, Ambikapur, whereby learned Additional Sessions Judge after holding the accused/Appellant guilty for the commission of offence under Section 302 of the I.P.C. sentenced him to undergo imprisonment for life in each of the sessions trial.

(3.) THE Station House Officer recorded the merg intimation Ex.P-1. He took up the investigation and left for the scene of occurrence, where he prepared the Panchnama of the dead body of Balmukund Ex.P-2, the Panchnama of the dead body of Ratan Ex.P-2, and the Panchnama of the dead body of Phulbaso Bai Ex.P-2, after giving notice to the Panchas. He also took into possession one quilt stained with blood, plain soil and blood stained soil from all the places of occurrence. Requisitions were sent to the Primary Health Centre, Batauli for conducting Post-mortem on the bodies of Balmukund, Phulbaso Bai & Ratan. Dr. Vijay Kumar Mishra (P W-6) conducted post-mortem on the bodies of Balmukund, Phulbaso Bai & Ratan and prepared the post-mortem report of all the three bodies. THE site plan of the place of occurrence was also prepared. During the course of investigation, accused Amar Sai, while in the Police Custody, gave information regarding the place where he concealed the axe, the weapon of offence, and in pursuance of that, accused Amar Sai got recovered the axe. THE blood stained articles were sent to the Forensic Science Laboratory, Sagar for examination, from where the report was received in which the axe, Dhoti, Banian, quilt and blood stained soil were found to be stained with blood.