UBHEY RAM @ GUDDU DEWANGAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 10.9.2009 passed by the Additional Sessions Judge, Bilaspur in S.T. No.1382009 convicting the appellant under Sections 302 and 201 of IPC and sentencing him to undergo imprisonment for life, pay a fine of Rs.100 and RI for three years, fine of Rs.100 with default stipulations respectively.

(2.) As per the prosecution case, on 17.4.2009 some time in the evening deceased Purru Ahirwar had gone to Baba Musa Khan Darbar in the rickshaw of the accusedappellant and thereafter left the said place after some time. It is said that while returning Purru Ahirwar was killed by the appellant after looting some amount from him. On 18.4.2009 dead body of Purru was found near the culvert of Amariya Chowk and as soon as the said information was received by PW3 Butel Ahirwar, brother of the deceased, he lodged merg intimation Ex.P3 at 6.30 am. Inquest on the dead body was conducted on 18.4.2009 vide Ex.P2 and thereafter the body was sent for postmortem which was conducted on the same day vide Ex.P11 by PW13 Dr. RK Upadhyay. The autopsy surgeon noticed ligature mark on both sides of the neck and in his opinion the cause of death was asphyxia due to hanging. After merg enquiry and receipt of postmortem report, FIR was registered under Sections 302 and 201 of IPC against unknown person on 22.4.2009 vide Ex.P13. On 23.4.2009 memorandum of the appellant was recorded vide Ex.P7 which led to recovery of one rickshaw and rope kept beneath the seat vide Ex.P8. During investigation, the prosecution has recorded statements of PW1 Gangotribai, PW2 Babulal Sahu and PW10 Kaleshwar Prasad Sahu who are witnesses of last seen. After filing of charge sheet, the trial Court framed charges under Sections 302 and 201 of IPC.

(3.) So as to hold the accusedappellant guilty, the prosecution examined 14 witnesses in all. Statement of the accused was also recorded under Section 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication.