RAVI KUMAR JANGHEL Vs. CHETAN VERMA

JUDGEMENT

(1.) In this application under Section 372 of the Cr.P.C. the applicant has sought leave to appeal against the judgment of acquittal dated 3-6-2016 passed by the Sessions Judge, Bemetara, in ST No.42/2014 acquitting the accused persons from the charges under Sections 302/34 and 201/34 of the Indian Penal Code.

(2.) The accused persons were sent for trial for committing the murder of deceased namely; Dwarika Prasad Lodhi during the period between 25-1-2014 to 5-2-2014. According to the prosecution, the deceased had gone to the agricultural field at about 9.00 am on 25-1-2014 along with his wife and other villagers. His wife came back to the house at about 3.00 pm, however, the deceased stayed back. At about 8.00 pm he called his wife to send dinner to which his wife stated that it may not be possible, therefore, he should come to the house for having dinner. After sometime the deceased again called his wife and informed her that one Angad Sinha has brought chicken, etc. which they have consumed and are controlling the flow of water (irrigating the field) in the agricultural field. Thereafter, the deceased did not come back and his phone was not connecting. His son went to the field on the next morning, but deceased was not available. On 3-2-2014 the report of missing person was lodged. On 5-2-2014 village Kotwar Chhabilal saw one dead body at Kehka Khar on which son of the deceased namely Ravi went to the place and identified the dead body.

(3.) In course of investigation, the accused persons were apprehended on suspicion that sometime back the respondent No.1 Chetan Verma had gifted some article to the daughter of the deceased on which a dispute had occurred, therefore, he may have committed the offence. On the basis of his memorandum statement (Ex.P/7) some articles were recovered vide Ex.P/19. Similarly, on the strength of memorandum statement vide Ex.P/8 some bloodstained clothes were recovered vide Ex.P/13. During FSL examination bloodstains were found on some of the articles recovered from the accused persons, however, serological report was not obtained to match the blood group.