SONAU @ SUNAU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 2.3.2005 passed by the Sessions Judge, Kabirdham (Kawardha) in ST Mo.5/2005 convicting the appellant under Sections 302, 201 of I.P.C. and sentencing him to undergo imprisonment for life, pay a fine of Rs.500/- and RI for one year, pay a fine of Rs.500/- with default stipulations respectively.

(2.) As per the prosecution case, on 25.9.2003 the accused/appellant slapped his cousin Raghnu Gond (deceased), aged about 14 years, and thereafter, the said Raghnu Gond went missing. A missing report (Ex.P/20C) was lodged by the appellant on 4.10.2003 and the same was entered in Rojnamcha. Further case of the prosecution is that along with the villagers, the accused/appellant used to search his cousin and on 24.9.2004, 50 pieces of bones were found in the jungle. Dehati Nalishi (Ex.P/12) was recorded on 24.9.2004 and immediately thereafter, Dehati Merg (Ex.P/11) was recorded. On 24.9.2004 itself memorandum of the accused/appellant (Ex.P/l) was recorded in which he has admitted that first he slapped the deceased and then eliminated him so that he can acquire the land which was to fail in the share of the deceased. Based on the said memorandum, recovery of certain bones and one T-shirt were seized vide Ex.P/2. Likewise, a club was also seized vide Ex.P/5. The bones so seized by the prosecution were sent to the doctor of Department of Forensic Medicine, Raipur and on 4.11.2004 (Ex.P/17) a report was submitted by the doctor that these bones may be of 14 years old boy. However, the doctor reported that the cause of death could not be determined. In the meanwhile, FIR (Ex.P/19) was registered against the accused/appellant on 24.9.2004 under Sections 302 and 201 of IPC. After filing of charge sheet, the trial Court framed charges under Sections 302 and 201 of IPC against the accused/appellant.

(3.) So as to hold the accused/appellant guilty, the prosecution examined 8 witnesses in all. Statement of the accused was also recorded under Section 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication.