GENDU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BEING aggrieved with the judgment of conviction and order of sentence dated 15th March, 2001 passed by the Additional Sessions Judge, kanker, in Sessions Trial No. 444/1997, the appellant has preferred this appeal. The appellant and two other accused persons namely Digvijay and Sudama were charged with the offences punishable under Sections 302/34 and 201 I. P. C. The appellant has been convicted under Sections 302 and 201 i. P. C. and sentenced to undergo imprisonment for life and R. I. for two years and to pay a fine of Rs. 5,000, in default thereof, to further undergo 4 months imprisonment with a further direction that the sentences shall be served according to the provisions of Section 427 (2) of the Code of Criminal procedure. The other two accused persons have been acquitted.

(2.) THE brief facts are that in the night of 5. 9. 2007, the deceased namely Narayan Das meshram and all the 3 accused persons as also Kailash (PW1) went to the house of girja Bai (PW3) where they consumed liquor. Some quarrel took place there. Thereafter the deceased and the appellant firstly left the house, the appellant returned back after a shortwhile whereas the deceased did not return back and then other accused persons also left the house of Girja Bai. After that the deceased was not seen in the village and ultimately the dead body of the deceased was seen by Girja Bai in her well on 7. 9. 2007 at about 8 a. m. She disclosed this fact to the villagers including Kailash (PW1), who reported the matter to the Police, on which, merg intimation (Ex. P1) was recorded, the body recovery Panchnama was prepared under Ex. P5. During the investigation, inquest (Ex. P3) on the body of deceased was prepared. Site plan (Ex. P4a)was prepared. The S. H. O. also prepared a site plan under Ex. P6. One pair of sleepers were seized vide seizure memo (Ex. P2 ). Some pieces of clothes (which the deceased used to sell as a clothe vender), one Bicycle and a pair of plastic sleepers were seized under Ex. P7. One towel was also seized under Ex. P11. One torch was seized under ex. P12. The body was sent for post-mortem examination to District Hospital, Kanker, under Ex. P16. The post-mortem examination was conducted by Dr. M. A. Naseem (PW16) who noticed the following injuries/ features on the body of the deceased:

(3.) AFTER completion of the usual investigation, charge-sheet was filed in the Court of Additional Chief Judicial Magistrate, kanker, who in turn committed the case to the Court of Sessions Judge, Kanker, from where it was received by the Additional sessions Judge, who conducted the trial and convicted the appellant as aforementioned while acquitting the other two co-accused namely Digvijay and Sudama.