ANNU KUMAR @ PURSHOTTAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As these two appeals arise out of the common judgment dated 28.02.2014 passed by II Additional Sessions Judge, Manendragarh District Koria (C.G.), in S.T. No.90/2007 convicting the accused/appellant Annu Kumar @ Purshottam in Cr.A.No.384/2014 under Sections 449, 302, 397 and 201/34 IPC and sentencing him to undergo R.I. for ten years with fine of Rs.1,000/-, R.I. for life with fine of Rs.2,000/-, R.I. for seven years with fine of Rs.1,000/- and R.I. for seven years with fine of Rs.1,000/- respectively and convicting accused/appellant Rajesh Panika in Cr.A.No.429/2014 under Sections 414 and 201/34 IPC and sentencing him to undergo R.I. for three years with fine of Rs.500/- and R.I. for seven years with fine of Rs.1,000/- respectively, plus default stipulations, they are being disposed of by this common judgment.

(2.) As per the prosecution case, appellant Annu Kumar @ Purshottam S/o Nandu Panika was residing in Quarter No.273 at Old G.M. Office Colony, Haldibadi, Chirmiri and next to his house, the deceased Sumitra Devi W/o Late Manohar Das was also residing. In the night intervening 10-11/05/2007, while deceased was watching television in her house, the accused/appellant Annu Kumar went to her house, demanded water and when the deceased was going to kitchen to take water, at the same time, accused/appellant Annu Kumar committed her murder causing injury by a crowbar. Further case of the prosecution is that after committing murder of the deceased, the accused/appellant Annu Kumar looted Videocon T.V. and certain silver ornaments of the deceased, kept the body of the deceased in aluminum trunk and after obtaining crowbar from one Sunita (PW/7), a pit was dug with the help of co-accused Rajesh and Madanlal and after purchasing salt, body of deceased was buried in his (appellant's) courtyard. When different lock was noticed outside the door of the deceased Sumitra by her brother Baldev Das (PW/6), missing report (Ex.P/5) was lodged by him on 14.05.2007. Thereafter, police came to the house of deceased, due formalities in presence of witnesses regarding panchanama (Ex.P/20) were carried out, lock was broken and almirah was found open and T.V. missing. During inquiry, it was also noticed by the police that one trunk was purchased by the appellant Annu Kumar and that his house was also found to be locked. On 16.05.2007, one aluminum trunk was seized vide Ex.P/28 from the possession of Manoj Kumar, brother of accused Annu Kumar from his native place Chhindiya. Remnants of burnt clothes and ash were seized vide Ex.P/29 from the field behind the appellant's Annu house. That apart, bloodstained white bag, bloodstained card of lucky draw scheme, one work book, one bloodstained copy, small pieces of bloodstained paper were also seized vide Ex.P/30 from the village of appellant Annu Kumar. Dehati merg Ex.P/38 and dehati nalisi Ex.P/39 to this effect were recorded on 16.05.2007. After merg inquiry, F.I.R. Ex.P.27 was registered against the accused persons under Sections 302 and 201/34 of IPC. On 16.05.2007, house of appellant Annu Kumar was searched vide Ex.P/22, in the courtyard some loose soil was noticed and on removing the same the body of deceased was found. Thereafter, on 17.05.2005 an application was made before the S.D.M. Chirmiri vide Ex.P/28 for exhuming the dead body and in presence of S.D.M. the body of deceased was recovered and panchanama thereof was prepared vide Ex.P/21. Throughout this investigation, appellant Annu was neither present at his residence situate at Old G.M. Office Colony, Haldibadi nor at his native village Chhindia. On 17.05.2007, memorandum of co-accused Rajesh and Madanlal were recorded vide Ex.P/8 and P/9 respectively, based on which one Videocon colour T.V. from co-accused Rajesh and one spade from co-accused Madanlal were seized vide Ex.P/14 and P/15 respectively. That apart, bloodstained paint from the door and wall of the kitchen of deceased was scratched and seized vide Ex.P/16. On 20.05.2007, the accused/appellant Annu Kumar was arrested and his memorandum Ex.P/10 was recorded, based on which bloodstained paint from the entrance wall of appellant's Annu Kumar house was seized vide Ex.P/11, bloodstained paint from room adjacent to bathroom was seized vide Ex.P/12, salt mixed soil was seized vide Ex.P/13 from the porch of appellant's house, one crowbar was seized vide Ex.P17 and certain silver ornaments were also seized from him vide Ex.P/18. A query was sought from the Assistant Surgeon, Community Health Center, Chirmiri, regarding seized weapon (crowbar) used in commission of crime, and report thereof was obtained vide Ex.P/35-A. According to which, injuries sustained by the deceased could have been caused by this weapon. In the meanwhile, on getting body of deceased, on 17.05.2007 inquest was prepared vide Ex.P/7 and dead body was sent for postmortem examination to Community Health Center, Chirmiri Vide Ex.P/34 where Dr. Pradeep Kumar Rohan (PW/24) conducted postmortem on the body of deceased and gave his report vide Ex.P/34-A opining the cause of death to be antemortem head injury and death was homicidal in nature. After investigation, charge sheet was filed against the accused/appellant Annu Kumar, co-accused Rajesh and Madanlal under Sections 302, 201, 449, 394/34 IPC. However, while framing the charge, the trial Court has framed the charge against appellant Annu Kumar under Sections 449, 302, 397 and 201 IPC, whereas against co-accused Rajesh and Madanlal the charge was framed under Sections 412 IPC alternatively under Section 414 and 201/34 IPC. During the trial, co-accused Madanlal has expired and the trial Court proceeded with the case against accused/appellant Annu Kumar and co-accused Rajesh.

(3.) So as to hold the accused/appellants guilty, the prosecution examined as many as 28 witnesses. Statements of the accused/appellants 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.