NAWAB KHAN ALIAS DANNY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgement of conviction and order of sentence dated 15.07.2011 passed by the Sessions Judge, Raipur in Sessions Trial No. 182 of 2010, whereby and whereunder the trial Court after holding the appellant guilty for causing homicidal death amounting to murder of Durganand Chowdhury, convicted him under Section 302 of the IPC and him sentenced to undergo imprisonment for life and to pay fine of Rs.1000/-, in default of payment of fine amount to further undergo R.I. for two months.

(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.) As per case of the prosecution, deceased Durganand Chowdhury was working as a Sales Officer in M/s. Jullandhur Motor Agency, Raipur. On 10.06.2010 the deceased left his house for duty as per his normal routine and never returned back. Since he did not come back till late night, his children started enquiring about him. Next day morning the deceased was found dead in Khet-badi, Kukripara nearby his house. Near the dead body, the scooter of the deceased was found besides his broken briefcase and Rs.1,800/- was missing from the same which was taken as advance by the deceased from his office towards tour advance and ATM card was also missing. After hearing the news that one dead body was lying near the field, son of deceased went there and found the dead body as his father's dead body. He lodged the complaint (Ex.P-1) at Police Station, Purani Basti against the unknown person, on the basis of which FIR (Ex.P-2) was registered.