GULAB KHAN Vs. STATE OF C.G.

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence date 12-4-2002 passed by the 2nd Additional Sessions Judge, Baloda Bazaar, in Sessions Trial No. 351/2001, whereby learned Additional Sessions Judge after holding accused/appellants Gulab Khan, Vinod Kumar, Shabbeer @ Shabboo & Minaz Khan @ Guddu guilty for commission of offence under Sections 397 and 302 of the I.P.C., sentenced each of the accused to undergo R.I. for seven years and to undergo imprisonment for life and pay a fine of Rs. 500/-, in default of payment of fine to further undergo R.I. for six months respectively.

(2.) CASE of the prosecution, in brief, is that deceased Santosh Kashyap, resident of Jagdalpur, was working as driver of Tata Sumo vehicle bearing registration No. MP-23/G-523 Oof which PW-17 Yusuf Sherwani's wife Jetun Sherwani was the registered owner. The said vehicle was hired on 25-5-1999 from Jagdalpur to Bilaspur and next day, the body of Santosh Kashyap was found near Simga on Sarora Sankra PWD road near a culvert. Merg intimation Ex.P-5 was given by Gopidas (PW-3), Kotwar, in Police Station Simga to the effect that in the morning at about 8 a.m. when he was returning from the pond to his house after taking bath, village Sarpanch Sanat Thakur informed him that on Sarora Sankra road near a culvert, a dead body is lying, on which he went to the place and saw the body of a person aged about 25-30 years.

(3.) AFTER completion of investigation, charge sheet was filed against the accused persons in the Court of Judicial Magistrate, Baloda Bazaar, who in turn committed the case to the Sessions Judge, Raipur, from where learned 2nd Additional ' Sessions Judge, Baloda Bazaar, received the case on transfer for trial. However, accused Raj Narayan & Chunnu @ Mobin were released on bail and they jumped the bail. Therefore, trial proceeded against the present four accused/appellants.