PRAKASH YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant has preferred this appeal against his conviction by the trial Court under Ss. 302 and 201 of the Indian Penal Code ('the IPC' in short) and sentence of life imprisonment and two years R.I., respectively for committing the murder of Tara Bai (since deceased).

(2.) The case of the prosecution, as appearing from the record, is that when Ramkumar Ausar, Secretary of Gram Panchayat, Raipura, was sitting in the panchayat building at about 9.35 am on 4/6/2002, one Shiv Nirmalkar informed him that dead body of a lady is lying in a well of a nearby field. Ramkumar went to the place; found the dead body; and thereafter he lodged the merg (Ex.P/1) at about 11.15 am on 4/6/2002. The concerned police registered the merg intimation and the dead body was brought out from the well in presence of Prabhu Ram Sahu, Sarpanch of Gram Panchayat Raipura, Ram Kumar (the informant), Lekhram, Chaitram and other villagers. After preparing the dead body inquest (Ex.P/2) it was sent for postmortem, which was performed by Dr. Sanjay Kumar Dadu (PW-3).

(3.) In course of investigation, the dead body was identified by Arjun Das (PW-2), Shankar Lal Krishnani (PW-6) and Ms. Sangita (PW-9). Based on their statements to the Police, the appellant was taken into custody.