KARTIKRAM @ KRITIRAM NAGESHIA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Kartikram @ Kritiram and Sujit Kujur, Appellants in Criminal Appeal No. 546 of 2004 have been convicted under Section 302 IPC to life imprisonment with fine of Rs. 500/ - each, in the event of failure to pay which they were required to undergo fifteen days further rigorous imprisonment ordered by the Sessions Judge, Jashpur, dated 30.4.2004 in Sessions Trial No. 70 of 2003. The State challenges the acquittal of the two Respondents Bersen @ Binsent and Kritichand @ Kirtichand in Acquittal Appeal No. 438 of 2010 of the charge under Section 302 and 109 IPC.

(2.) The two convicted Appellants in custody since 10.10.2003 filed I.A. No. 1 of 2015 for early hearing. The appeal was directed to be listed for hearing immediately. On 4.3.2016 no one appeared on behalf of the Appellants. On 8.3.2016 we considered it prudent in the interest of the Appellants to request the High Court Legal Services Committee to nominate a panel lawyer notwithstanding the observations in (2014) 14 SCC 222 (Surya Baksh Singh v. State of Uttar Pradesh) as follows : -

(3.) The deceased, wife of PW -1, Pulikar was assaulted murderously in her house on 5.10.2003 at about 2:00 pm. PW -2, Remish Khess, the village Chowkidar lodged FIR (Exhibit P -4) on 6.10.203 at about 11:30 am against unknown. The Appellants were taken into custody and allegedly blood stained brick, lungi with blood stains, a gents and ladies' watch and a plastic rope with blood on it and a wooden bait with blood stains were recovered from the place of occurrence. Though the seized materials were sent to the FSL nearly 20 days later, no report was received till conclusion of the Trial.