MAHADEO MANDAL & ANOTHER Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 9-7-2003 passed by the 4th Additional Sessions Judge, (FTC), Raigarh in S.T. No. 179/2002 convicting both the appellants under Sections 302 and 201 of the Indian Penal Code and sentencing each of them to undergo imprisonment for life with fine of Rs.500.00, to undergo RI for 7 years with fine of Rs. 500.00 respectively with default stipulations. Both the substantive jail sentences are directed to run concurrently.

(2.) Facts of the case in brief are that on 31-5-2002 at 10.00 a.m. P.W. 11 Santosh Kumar Biswas father of deceased Sanjay Biswas lodged merg intimation Ex.P-15 before Deharamjaigarh police stating that on 30-5-2002 at about 10.30 p.m. the deceased along with accused/appellants consumed liquor and thereafter they went to Amadarha Mand river and while taking bath deceased was missing. Thereafter during search in the morning at about 8.30 hrs. the dead body of Sanjay Biswas was found in the said Amadarha Mand river. This fact was informed by others. During investigation, police prepared inquest Ex. P-2 and thereafter the dead body was sent for postmortem. P.W. 7 Dr. A.S. Thakur conducted autopsy and the doctor noticed vide his report Ex. P-9 that the body is in state of rigour mortis, eyes closed, eyelid swollen, mouth partially open, no external injury is seen on body. The doctor opined that the deceased died due to mechanical asphyxia which may be as a result of obstruction to passage of air into respiration track due to causes other then constriction of neck and drowning, nature homicidal. The autopsy surgeon answered query 1, 2, 3 and 4 which are as under :-

(3.) Wife of the deceased P.W. 10 Sulekha Biswas lodged a written complaint alleging in it that she has doubt that her husband was killed by the accused/appellants. On 10-6-2002, Dharamjaigarh police registered FIR Ex. P-16 and Crime No. 54/2002 against both the accused/appellants. During investigation, statements of the witnesses were recorded under Sec. 161 of the Crimial P.C. Thereafter Police filed charge-sheet against the accused/appellants under Sections 302 and 201 of the Penal Code followed by framing of charge by the trial Court under the same sections.