GANGWA @ SHIVNANDAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 29.08.2009 passed by 7th Additional Sessions Judge, Raipur, in S.T. No.54/2008 convicting the accused/appellants under Sections 302/34 and 201/34 IPC and sentencing them to undergo imprisonment for life with fine of Rs.300/-, R.I. for three years with fine of Rs.200/- each, plus default stipulations.

(2.) In the present case, name of the deceased is Anil. It is said that on 27.11.2007 in between 9-10.00 am, the accused/appellants along with deceased Anil had consumed liquor and thereafter a quarrel took place between them. It is further alleged that on the next day i.e. on 28.11.2007 at about 10.00 am, body of deceased was found lying on railway track in two pieces . On the same day at 10.30 am, merg intimation (Ex.P/1) was recorded at the instance of Shiv Kumar Manikpuri (PW/1), brother of the deceased. Inquest on the body of deceased was conducted vide Ex.P/3 and body was sent for postmortem examination to Dr. Ambedkar Hospital, Raipur vide Ex.P/17 where Dr. Shivnarayan Manjhi (PW/11) conducted postmortem on the body of deceased and gave his report Ex.P/15 opining the cause of death of deceased to be hemorrhage and shock due to crushing injuries to the body. After merg inquiry, FIR Ex.P/19 was registered on 05.12.2007 under Sections 302/34 IPC against the accused/appellants. On the next day of registration of F.I.R. i.e. on 06.12.2007, memorandum of accused/appellants Gangwa @ Shivnandan (A-1), Chira Guddu @ Pyarelal (A-2) and Babla @ Pawan Kumar (A-3) were recorded vide Ex.P/7, P/8 and P/9 respectively, based on which, their clothes have been seized vide Ex.P/10, P/11 and P/12 respectively. Seized articles were sent for chemical examination to FSL, Raipur vide Ex.P/25 but unfortunately FSL and serological report could not be obtained to confirm presence of blood and its origin. During investigation, diary statements of Jamuna Bai (PW/4) and Johny Gond (PW/5) were recorded on 06.12.2007 wherein they have stated that on 27.11.2007 they had seen the accused/appellants and the deceased together. In-fact, the entire case of the prosecution is based on statement of last seen made by these two witnesses.

(3.) On completion of investigation, charge sheet for the offence punishable under Sections 302/34, 201/34 IPC was filed against the appellants and accordingly charges were framed against them by the trial Court.