SHOBHA RAM SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 24.8.2011 passed by the Sessions Judge, Dhamtari in S.T.No.66/2010 convicting and sentencing the appellants as under:

(2.) Undisputedly, accused/appellant No.3 Sonkunvar is wife of accused/appellant No.1 Shobha Ram Sahu whereas accused/appellant No.2 Vishwadev Sahu is his son and acquitted accused Kenvrabai is wife of appellant No.2 Vishwadev and all of them were residing in one room house.

(3.) As per prosecution case, on 1.2.2010 accused/appellant Shobharam kidnapped minor Nohar Singh, S/o Rameshwar Singh, aged about 6 years, kept him in his house for about 11 days, which was within the knowledge of appellants No.2 & 3 (Vishwadev Sahu & Smt. Sonkunvar). Thereafter, at the eve of Shivratri on 12.2.2010 they killed him at a separate place in the name of human sacrifice. As Nohar Singh was missing from his house since 1.2.2010, a missing report (Ex.P/19C) was lodged on 2.2.2010 by PW -1 Bhuneshwar Markam, uncle of the deceased. On 15.2.2010 dead body of Nohar Singh was found in a decomposed condition near the house of one Dukhuram, which is adjacent to the house of appellant No.1 Shobharam. Merg intimation (Ex.P/1) was recorded on 15.2.2010 at the instance of PW -1. The dead body was identified by PW -2 Rameshwar, father of the deceased, and thereafter, inquest over the dead bode was prepared vide Ex./16. During inquest proceedings, both the legs and hands as well as private part of the deceased were found to be chopped. Postmortem on the body of the deceased was conducted on 16.2.2010 by PW -8 Dr. RK Singh vide Ex.P/17 wherein he noticed that the dead body was in moderate stage of decomposition, scalp present over head, both ears missing, facial soft tissues most of the parts missing, skull bones loosened from sutures, tooth absent, hyoid bone, thyroid cartilage and cricoid cartilage and trachea missing, neck vertebrae gap loosened, penis and scrotal region in circular manner amputated wholly with sharp cut leaving no remnant, left thigh bone broken, right and left humerus bones exposed, upper and lower limbs part missing, both tibia bones and fibula bone were also broken. It was also noticed that liver, spleen, kidneys, lungs and heart were decomposed. In his opinion, the cause of death and duration of death could not be determined. On the memorandum (Ex.P/8) of appellant Shobharam, one iron axe was seized vide Ex.P/9 and one photograph of Goddess Kali stained with blood, bloodstained underwear and bloodstained soil as well as plain soil from the wall where the said photograph of Goddess Kali was affixed, were seized vide Ex.P/10. As per Ex.P/11 two ropes were seized from appellant No.2 Vishwadev. From the place of occurrence the soil, one plastic pipe and plastic bottle were seized vide Ex.P/14 & 15. After investigation charge sheet was filed against the appellants under Sections 302, 201, 120B, 364 of IPC and Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.