VRINDA SAI Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 30.9.2004 passed by the Additional Sessions Judge, Jashpur in ST No.63/2004 convicting the appellants under Sections 302/34 and 201/34 of IPC and sentencing them to undergo imprisonment for life, pay a fine of Rs.1000/- and RI for three years and pay a fine of Rs.500/- with default stipulations respectively.

(2.) In the present case, there are two deceased namely Dharamsai and his wife Phuleshwari (somewhere also named as Phusari and Phulwari). It is said that in the night intervening 25/26.4.2004 dead bodies of the deceased were found in their house. On the basis of information given by PW-1 Devprakash Toppo, Dehati Nalishi Ex.P/1 was recorded on 26.4.2004 and thereafter at 1.10 pm merg intimation Ex.P/2 was recorded at the instance of PW-1. Inquest over the dead body of Phulsari and Dharamsai were conducted on 26.4.2004 vide Ex.P/5 and P/6. Thereafter, their bodies were sent for postmortem, which was conducted on the same day by Dr. SP Paikra (PW-9) vide Ex.P/33 and P/34 respectively. In his opinion, the cause of death of deceased Phulsari was shock due to cutting of right jugular vein, cervical vertebra, mastoid bone and brain membrane and cause of death of Dharamsai was shock due to incised head injury, cervical injury and cutting of jugular vein. According to the doctor, their death was homicidal in nature. After merg enquiry, FIR (Ex.P/16) was registered against four accused persons including one juvenile Dinesh. On 26.4.2002 memorandum of appellant Shubhak was recorded vide Ex.P/12 which led to recovery of two iron sickle, fullpant and one T- shirt. Likewise on the memorandum of accused/appellant Hiransai Ex.P/10 recorded on 27.4.2004, seizure of one sickle and one jeans was made vide Ex.P/11. However, there is no FSL report. Further case of the prosecution is that accused/appellant Shubhak Sai made extra- judicial confession before Shivshankar (PW-4). After filing of charge sheet, the trial Court framed charge under Sections 302/34 and 201/34 of IPC against the present appellants.

(3.) So as to hold the accused guilty, the prosecution examined 9 witnesses in all. Statements of the accused were also recorded under Section 313 of Cr.P.C. in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication.