JAGMOHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since the above appeals have been filed against the judgment dated 18.6.2008 passed in S.T. No.219/07 by which the 9 th Additional Sessions Judge (FTC), Bilaspur (CG) convicted the accused/appellants herein under Sections 302/34 and 201 (1) of the Indian Penal Code (for short 'the IPC') and sentenced each of them to undergo R.I. for Life and fine of Rs.200/- and R.I. for 7 years and fine of Rs.200/- respectively, with usual default clauses, the same are being disposed of by this common judgment.

(2.) As informed at the Bar, appellant Hari Chand in Criminal Appeal No.740/2008 has expired, therefore, the criminal appeal filed on behalf of Harichand stands abated and this judgment shall govern disposal of criminal appeals filed on behalf of accused/appellant Jagmohan, Jaiprakash and Girish only i.e. Cr. Appeal Nos.614 and 1063 of 2008.

(3.) As per case of the prosecution, on 18.8.2007, in the evening hours, when Tattu Tandon (PW-14) returned to his village after completing his work, he saw that accused/appellant Pintoo was hurling abuses, he asked him not to do so. Likewise, some other prosecution witnesses have also tried to stop accused Pintoo from doing so. On this, accused/appellant Pintoo had threatened PW-14 saying that today one of the members of Tandon family would be killed. Further case of the prosecution is that Tattu (PW- 14) asked his younger son Sonu alias Surendra (deceased) to drop his cousin Damini (PW-5) to her house. However, when said Sonu did not return for long time then Tattu searched him for the whole night but failed to trace his whereabouts. Next morning a dead body wrapped in a gunny bag found lying in the Well and later on, it was identified to be the body of said Sonu. At the instance of Tattu (PW-14), un-numbered merg intimation (Ex.P-6), unnumbered FIR (Ex.P-7), numbered Merg (Ex.P-5) and numbered FIR was recorded against unknown person. Inquest was conducted on 19.8.2007 vide Ex.P-10. Body was sent for post mortem examination which was conducted by Dr. A.R. Banjare (PW-3) vide Ex.P- 3 and he noticed following injuries:-