SANJAY RATHORE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As these two appeals arise out of the common judgment of conviction and order of sentence dated 24.9.2014 passed by the Additional Sessions Judge, Durg in ST No.78/2009, they are being disposed of by this common judgment. By the said judgment, the appellant Sanjay Rathore has convicted under Section 414 of IPC and sentenced to undergo rigorous imprisonment for three years plus fine of Rs.10,000/- with default stipulation whereas appellant Murli Prasad Mishra has been convicted under Section 302 of IPC and sentenced to life imprisonment plus fine of Rs.1000/- with default stipulation.

(2.) Brief facts of the case are that on 4.2.2009 one unknown dead body was found at Village-Dhaur, Police Station-Jamul, Distt. Durg in a pit of muroom quarry. Dehati Merg Intimation (Ex.P/4) was recorded on 4.2.2009. Thereafter, numbered merg intimation was recorded on 4.2.2009 vide Ex.P/55. Inquest over the dead body was conducted vide Ex.P/7 on 4.2.2009. The body was duly identified by PW-2 Badrinath, father of the deceased, to be of his son Mordhwaj vide Ex.P/2. Thereafter the body was sent for postmortem which was conducted on 5.2.2009 by PW-12 Dr. Akhilesh Yadav vide Ex.P/16 who noticed a cut wound on the front of neck of size 12 x 4 x 4 1/2 cm, abrasion on the left shoulder and the neck. On internal examination he found that windpipe and foodpipe were cut. In his opinion the cause of death was shock and hemorrhage due to anti-mortem injuries to vital organ neck and that the death was homicidal in nature. On 5.2.2009 FIR (Ex.P/9) was lodged by one Manjit Singh (PW-5), truck owner of truck bearing registration No.CG-07-C-0305 mentioning therein that he is the proprietor of Badwal Transport Company. On 3.2.2009 driver of his truck Dulesh Kumar Sahu had loaded about 32.500 tons of sponge iron in the said truck to be transported to Jalna (Maharashtra) and helper of the truck was Mordhwaj (deceased). On 4.2.2009 he was informed by driver of the truck that the driver had parked the truck near the pond and when he returned he found the truck missing along with the helper Mordhwaj. On the basis of above report, offence under Section 379 of IPC has been registered against unknown person. On 6.2.2009 the said truck was found at Ring Road of Raipur and seized vide seizure memo Ex.P/11 which has been proved by PW-7. In the meanwhile, on the basis of merg, enquiry was conducted and FIR (Ex.P/56) was registered on 7.2.2009 under Sections 302 and 201 of IPC against unknown person. During investigation, memorandum of appellant Murli Prasad Mishra was recorded vide Ex.P/48 on 17.2.2009 and in pursuance thereof a bloodstained chopper was seized vide Ex.P/49 and his clothes were seized vide Ex.P/50. On the memorandum of appellant Sanjay Rathore (Ex.P/32) seizure of cash of Rs.8600/- (Ex.P/33) and Rs.15,000/- (Ex.P/37) was made. Likewise, on the memorandum of the other co-accused persons certain seizure have been effected. As per FSL report (Ex.P/69) blood was found in Article D i.e. chopper, however, there is no report including that of serological report to prove that it was human blood and that too of the group of the deceased. After filing of charge sheet against the appellants and other accused persons namely Shantilal, Omprakash Sahu, KK Saimuddin, Asfar, Swaroop Sen Gupta, Mohd. Salim, the trial Court framed charges against the accused persons. Appellant Murli Prasad Mishra and accused Omprakash Sahu were charged under Sections 120B, 394/397, 394/398, 302, 201, 414, accused Shantilal Jangde was charged under Sections 120B, 394/397, 302, 201, 414 of IPC whereas accused Afsar, KK Saimuddin, Mohd. Salim, appellant Sanjay Rathore and Swaroop Sen Gupta were charged under Sections 120B and 414 of IPC.

(3.) So as to hold the accused persons guilty, the prosecution examined 26 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.