SUKHSAI GOUND & ORS. Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) All these four appeals arise out of the same incident dated 7.6.2002 wherein it is alleged that one Sumit Jaiswal was murdered by the appellants. Initially, Challan was filed against accused Gopal, Arjun Das and Sukhsai Gond, showing accused Pappi @ Rajkumar and Dharampal absconding and accordingly, ST No. 470/2002 was decided by the trial Judge vide judgment and order dated 29.4.2006 convicting these appellants under Sections 302/34 and 201/34 of IPC and sentencing them to undergo life imprisonment, to pay a fine of Rs. 1000/- and to undergo RI for five years and to pay a fine of Rs. 500/- with default stipulations respectively. After the above judgment, accused Pappi @ Rajkumar Mandal was arrested on 16.3.2009 and put to trial i.e. ST No.34/2010 wherein he was convicted vide judgment dated 29.11.2016 on the basis of almost the same evidence. Hence all these appeals are being decided by this common judgment.

(2.) In the present case, name of the deceased is Sumit Jaiswal. It is alleged that on 7.6.2002 accused Arjun Das made telephonic call to Sumit Jaiswal and called him at his house. Thereafter all the accused persons along with PW-8 Ramprasad went for picnic outside their village and there it is said that accused Gopal @ Bobby first caused injury on the vital part of the deceased by a burning wood and then accused Dharampal also caused him injury. It is further alleged that accused Dharampal and Gopal @ Bobby after tying the neck of the Sumit Jaiswal with a gamchha, put his head inside the water for about 10 minutes as a result of which he died. As the deceased did not return to his house, on 8.6.2002 a missing report was lodged by Ratan Kumar Jaiswal (PW-18), father of the deceased. On 20.6.2002 body of the deceased was found near Sendri brook by PW-3 Hemlal. Dehati merg intimation (Ex.P/2) was lodged by him and thereafter regular merg (Ex.P/2A) was registered on 21.6.2002. Inquest over the dead body was conducted on 21.6.2002 vide Ex.P/4 and thereafter the dead body was sent for postmortem which was conducted on the same day by PW-13 Dr. RP Singh vide Ex.P/22 who found the body in putrefied condition. In his opinion, the cause of death was asphyxia due to fracture of larynx and trachea and that the death was homicidal in nature.

(3.) On 11.7.2002 (alleged date) written report Ex.P/17 was made by PW-8 Ramprasad, so-called eyewitness to the incident, alleging in it that he saw the accused persons committing murder of the deceased, however, as he was threatened by the accused persons, he kept quiet so far. Based on this written report, FIR (Ex.P/17A) was registered against the appellants herein and accused Dharampal under Sections 302, 201, 34 of IPC.