AGNU PRASAD Vs. STATE OF C.G.

JUDGEMENT

(1.) THE Additional Sessions Judge, Mungeli, Sessions Division Bilaspur, found the Appellant - Agnu Prasad guilty of the offence punishable under Sections 302 and 201 of the Indian Penal Code. THE Appellant was sentenced to undergo imprisonment for life and Rigorous Imprisonment for three years respectively with fine and default stipulation vide judgment of conviction and order of sentence dated 29-11-2000 passed in Sessions Trial No. 358/99.

(2.) PROSECUTION version as unfolded during trial, in brief, is that on 24/ 08/1999 Mohar Das Manikpuri (since deceased) at around 2.00 p.m. was on way to village Kunda. When Mohar Das reached near the Tube-well, Appellant caught him and in order to take revenge on account of previous animosity injured and killed him by throttling and after pouring kerosene oil on his body set the dead body on fire. Cattle feeder Tulsiram who was grazing his goats near that field was inside the field having crop of sugarcane. He heard the cries of Mohar, Das. When he came outside the field, he saw the Appellant burning the body of Mohar Das with match-sticks. He also saw that the Appellant after burning the body of Mohar Das went to his house. He apprised all these facts to Gokaran Das. Gokaran Das gave information to deceased's cousin Sumiran Das. Sumiran Das after narrating the matter to others, along with some of the villagers went to the spot and saw the dead body of his cousin Mohar Das.

(3.) LEARNED Additional Sessions Judge, framed charge under Section 302 and 201 of the I.P.C. against the Appellant, the same was read over, and explained to him who abjured the guilt. Although in his examination he did not deny that when deceased Mohar Das was on way to Kunda, at that time he was there at a distance, but his plea was that he was at a long distance near the school. His defence is that Tulsiram has falsely implicated him in this case due to animosity.