JUGAL SINGH Vs. STATE OF CHHATTISGARH THROUGH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 20.10.2011 passed by Additional Sessions Judge, Katghora, District Korba in S.T. No.28/2010 convicting the accused/appellants under Sections 302, 201 IPC (on two counts) and sentencing them to undergo imprisonment for life with fine of Rs.500/-, R.I. for three years with fine of Rs.200/-, plus default stipulations.

(2.) In the present case, there are two deceased namely Gopal Singh Binjhwar and Narendra Singh Thakur. As per the prosecution case, on 25.10.2009 at about 4.30 pm, a telephonic information was received at Police Station, Bankimongra from an unknown person that human skeletons were lying near Kholar river. Said information was reduced to writing and police party went to the spot where some skeletons were found. Police from the local police station - Dipka was called and after obtaining permission from SDM, the skeletons were exhumed in presence of the Executive Magistrate and skeletons identified to be those of Gopal Singh Binjhwar and Narendra Singh Thakur by Purnima Das (PW/1) and Girja Bai (PW/5) on the basis of clothes found thereon vide Ex.P/1 and P/2. On the basis of information given by Girja Bai (PW/5), dehati mergs Ex.P/89 and P/90 were recorded followed by merg intimation Ex.P/57 and P/58. Thereupon, FIR Ex.P/62 was registered at Police Station, Dipka under Sections 147, 148, 149, 302 and 201 IPC against 13 accused persons including the appellants. On 28.10.2009, memorandum of accused/appellant No.1-Jugul Singh was recorded vide Ex.P/10, based on which one lathi, spade and bamboo stick were seized vide Ex.P/11 whereas memorandum of accused/appellant No.2-Dhan Singh was recorded on 31.10.2009 vide Ex.P/28, based on which one lathi was seized vide Ex.P/29. However, there is no FSL and serological report on record. Further case of the prosecution is that on 07.09.2009 i.e. about 49 days prior to identification of the skeletons, there was some dispute between the deceased persons and the appellants over the key of motorcycle and it is said that the appellants with the help of other accused persons have committed murder of two deceased and then buried their bodies near Kolar river. Inquest on the skeletons of Narendra Singh Thakur and Gopal Singh Binjhwar was conducted on 26.10.2009 vide Ex.P/3 and P/6 respectively. Skeletons were thereafter sent for postmortem examination to Primary Health Center, Bankimongra vide Ex.P/55-A and P/56- A which was conducted by Dr. R.S. Kanwar (PW/13) vide reports Ex.P/55 and P/56. The doctor however has stated that the cause of death was not known.

(3.) After filing of the charge sheet, the trial Court framed charges against accused/appellants Jugul Singh and Dhan Singh under Sections 147, 148, 302/149, 302/149 and 201 IPC respectively.