BHOLARAM DHRUW Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The Appellants stand convicted under Section 396 IPC to life imprisonment with fine of Rs. 500/- each, failing which they were required to undergo six months further rigorous imprisonment and to five years rigorous imprisonment each under Section 201 IPC with fine of Rs. 200/- each, failing which they were required to undergo one month further rigorous imprisonment, as ordered on 6.9.2001 by the Second Additional Sessions Judge, Balodabazar in Sessions Trial No. 54 of 2000.

(2.) The Appellant Bholaram is stated to have completed his period of custody and has been released. Learned Counsel for the Appellants submits that she has no further instructions with regard to him for pursuing the appeal.

(3.) The deceased, Shilanath Panda, a Priest by profession, was missing since 18.5.1999. His son-in-law, Umashankar, PW-10, lodged a missing persons report on 22.7.1999, Exhibit P-22, registered as Rojnamchasanha No. 947. The Head Constable, Ninnaji Warade, PW- 14, who recorded it proved the same. Formal FIR, Exhibit P-19, was registered on 7.11.1999 by PW-22, G.P. Verma, Assistant Sub Inspector. The Appellants were taken into custody and their confessions recorded leading to recovery including the corpse of the deceased on 6.11.1999 from the fields of Appellant Duklaha. It was identified by PW-10, Umashankar. The body was in a highly decomposed state and adipocere had set in. Skin was not present on bones uniformly. Limbs were loose and the skull also detached. It was sent for forensic examination to FSL Chandigarh. The Inquest Report, Exhibit P-2, mentioned a Moonga necklace with two small stones and one sphatic white necklace with transparent stones on the skeleton which PW-10, Umashankar, identified as worn by the deceased.