CHANDRASHEKHER ALIAS SHAKHER Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal by the three Appellants is directed against the judgment dtd. 31/12/1999 delivered by the Additional Sessions Judge, Balod, District Durg in Sessions Trial No.120 of 1999, whereby he convicted the accused/Appellants for having committed offences punishable under Ss. 302 read with Ss. 34 and 120-B of the Indian Penal Code and sentenced them with imprisonment for life.

(2.) The prosecution story, briefly stated, is that the Appellants entered into a conspiracy to kill deceased Shankarlal and in furtherance of their common object they on 31/8/1998 attacked Shankarlal at the small culvert (Puliya) near Anganbadi in Village Jhurhatola, Police Station Dondi, District Durg. The first information with regard to this occurrence was given by Chhagan Lal (PW-1) to the police. He accompanied by Devluram (PW-2), Kacharu Ram (PW-3), Jagram (PW-5) and Sukhram (PW-8) went to police station and lodged a report (Ex.P-1) at 9:45 p.m., which was termed as Merg Intimation (information of death). All that is stated in this information given to the police is that Balaram (PW-13) came and told Chhagan Lal (PW-1) that body of Shankarlal is lying near Anganbadi culvert and he has been murdered by somebody. Then all the villagers went to the spot and saw that Shankarlal was lying dead. His throat had been cut with some sharp edged weapon. One axe, one sabbal (a sharp edged iron rod) and a bunch of rope were lying next to the body.

(3.) Thereafter, the police officials went to the Village Jhurhatola. It is the admitted case that the police officials reached the village soon thereafter. However, because it was dark the police did not carry investigation and inquest (Ex.P-3) was carried out next day on 1/9/1998. In the inquest report, it is mentioned that as per the statements of the relatives and the witnesses, it is revealed that the accused persons had assaulted the deceased. However, no specific eyewitness was named. Dehati Nalishi (Ex.P-25) was recorded on 1/9/1998 at 10:00 a.m. and in this eyewitness Kuleshwar (PW-11) was named. It is stated that he had witnessed the murder of the deceased. On the basis of this Dehati Nalishi, First Information Report (Ex.P-26) was recorded at 6:30 p.m. on the same day. Thereafter, the body of the deceased was subjected to post mortem. Further investigation was carried out and the accused were charged with offence of having committed murder of deceased Shankarlal. They have been convicted and sentenced by the Learned Trial Court basically relying upon the statement of Kuleshwar (PW-11), who is stated to be the eyewitness to the occurrence. It was held that the statement of the eyewitness is corroborated by the recovery of the blood stained clothes of the accused persons. Aggrieved by the aforesaid judgment of the Learned Trial Court, the Appellants have filed the instant appeal.