MANAK LAL SON OF BALDU RAM GAADAA Vs. STATE OF CHHATTISGARH THROUGH STATION HOUSE OFFICER, POLICE STATION, THANA

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 26.04.2007 passed by Sessions Judge, Rajnandgaon, in Sessions Trial No. 128/2006 convicting the accused/appellant under Sections 302 twice for committing the murder of two children, and 201 IPC, and sentencing him to undergo imprisonment for life with fine of Rs. 500.00 u/s 302 and RI for seven years with fine of Rs. 500.00 u/s 201 IPC, plus default stipulation.

(2.) Brief factual background leading to disposal of this appeal is that on 23.9.2006 the accused/appellant committed murder of his five year old nephew Mahendra and three year old niece Gitanjali. It is alleged that on that day when father of the deceased children namely Sadaram (PW-1) returned home, he found them missing and even after inquiry from his wife and brother followed by extensive search, their whereabouts remained un-noticed. During search operation of the deceased children, the absence of the accused/appellant in the village also came to be known who ultimately was traced near village Bandhatola. Thereafter, according to the case of the prosecution, the accused was brought back to the village and in presence of the family members and the villagers he was inquired about the deceased children but just the utter ignorance to the same flowed from him. However, after being slapped the accused straigh away took them towards the jungle and on the way made a disclosure of eliminating Mahendra and Gitanjali with the help of stone and also by pressing their neck. Ultimately, dead-body of Mahendra was found in Kalchua jungle and that of Gitanjali half a kilometer ahead. Thereafter setting the criminal law in motion merg intimations Ex. P-4 and P-5 were recorded at the instance of Santuram (PW-2) on 24.9.2006 followed by inquest Ex. P-9 and P-10, FIR Ex. P-3 against the accused/appellant under Sec. 302 Penal Code and then postmortem examination conducted by Dr. S.R. Mandavi (PW-6) who gave his reports Ex. P-15 and P-16. After completion of investigation, challan was laid by the police under Sections 302 and 201 IPC. Court below then framed the charge against the accused under Sections 302 twice and 201 IPC.

(3.) In order to prove the complicity of the accused/appellant in commission of crime in question, the prosecution has examined 11 witnesses in support of its case. Statement of the accused/appellant has also been recorded under Sec. 313 of the Code of Criminal Procedure in which he denied the allegations made against him and pleaded his innocence and false implication in the case.