PADMAN, S/O RATHIRAM GOND, AGED ABOUT 50 YEARS Vs. STATE OF CHHATTISGARH THROUGH POLICE STATION DEVBHOG

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 21.12.2010 passed in Sessions Trial No.22/2010 by the Additional Sessions Judge, Gariaband, District Raipur (C.G.) whereby the appellant has been convicted under Sections 302 and 201 of the Indian Penal Code (for short, 'the Code') and sentenced to undergo imprisonment for life & to pay fine of Rs.100/- and to undergo R.I. for 3 years & to pay fine of Rs.100/-, in default of total fine of Rs.200/- additional S.I. for ten days.

(2.) Conviction is impugned on the ground that without there being an iota of evidence, the trial Court has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

(3.) The facts of the case, in brief, are that on 09.04.2010 at about 7 to 8 p.m., present appellant committed murder of Damodar Manjhi. Thereafter he along with his brothers namely Dinger and Gundhar (acquitted accused) tried for disappearance of evidence by hiding the dead body in Belkachhar Canal. Report of missing of Damodar was lodged by his wife Smt. Bilaso Bai (PW-8) on 11.04.2010 at police station Devbhog, District Raipur (C.G.). Accused/appellant Padman came to village Kotwar Duryodhan (PW-10) and husband of Sarpanch, he confessed before them that he committed murder of Damodar by club and buried the dead body near Badjor Nala. Thereafter, Merg Intimation (Ex.P-20) and First Information Report (Ex.P-19) were lodged by Smt. Bilaso Bai (PW-8). Police registered the offence under Sections 302 & 201/34 against the present appellant and others.