DILIP KUMAR @ CHHOTU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the impugned judgment of conviction and order of sentence dated 22.10.2009 passed by the 1 st Additional Sessions Judge, Surajpur, District Sarguja (CG) in ST No. 262/2008, convicting the appellant under Section 302 read with Section 34, 201 (Part I) read with Section 34 IPC and sentencing him for life imprisonment and fine of Rs.100/-; R.I. for 7 years and fine of Rs.100/, in default of payment of fine further undergo R.I. for 15 days and R.I.15 days respectively.

(2.) As per prosecution case, co-accused Santosh Kumar was having some dispute with his father Gansai over the partition of land and it is alleged that he along with the appellant committed murder of deceased- Gansai and thereafter threw his dead body in the village Well to give a different picture of the murder of his father. On 8.6.2008, co-accused Santosh Kumar himself had gone to the Police at 9.00 am and lodged Merg intimation Ex. P18 that his father has been killed by someone. Immediately thereafter, FIR, Ex. P/19 was lodged by Santosh Kumar at 9.15 am under Section 302 IPC against an unknown person. Inquest on the dead body of the deceased was conducted on 8.6.2008 vide Ex. P/2 and the body was sent for postmortem which was conducted on 8.6.2008 by PW3- Dr. R. S. Singh, vide Ex. P/12. The Autopsy Surgeon noticed following injuries on the dead body of the deceased:

(3.) On 8.6.2008, memorandum of the co-accused Santosh Kumar was recorded wherein he has stated that on account of partition dispute, he with the help of present appellant committed murder of the deceased and then threw his dead body in the village Well. Based on this memorandum, recovery of Sword was made vide Ex. P/4. On the same day, memorandum of the appellant Dilip Kumar was also recorded, based on which, one Bamboo stick has been seized vide Ex. P/6. It is relevant to note that there is no FSL report on record confirming blood on the seized articles.