BHUPENDRA KUMAR VERMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As these three appeals arise out of the common judgment dated 10.05.2002 passed by the 2nd Additional Sessions Judge, Baloda Bazar, in S.T. No.19/2001 convicting the accused/appellants under Sections 364(A)/34, 302/34 and 201/34 of IPC and sentencing them to under go imprisonment for life with fine of Rs. 1000/-, imprisonment for life with fine of Rs.1000/- and R.I. for three years with fine of Rs.500/- each plus default stipulations, respectively, they are being disposed of by this common judgment.

(2.) In the present case, name of the deceased is Beeru @ Yogendra, a young boy aged about 8 year. It is said that on 12.04.2000 at about 2.00 pm, the deceased was kidnapped and ransom of Rs.2 Lakh was demanded. Upon this, on 13.04.2000, FIR Ex.P/1 was lodged by Hari Shankar (PW/1)-uncle of deceased under Sections 363(A) and 364 IPC against an unknown person. On 16.04.2000 at about 12.00 noon, body of deceased was found near Laami brook. Unnumbered merg Ex.P/20 and numbered merg Ex.P/19 were recorded on 16.04.2000 and 17.04.2000 respectively. On the same day, inquest on the body of deceased was prepared vide Ex.P/3 and body was sent for postmortem examination to Primary Health Center, Bilaigarh vide Ex.P/21 where Dr. M.M. Devdhar (PW/9) conducted postmortem and gave his report Ex.P/18, however, no definite opinion was given regarding the cause of death. During investigation, memorandum of accused/appellant Milu Ram in Cr.A.No.601/2005 was recorded vide Ex.P/4, based on which one Baba Suit Shirt, one red colour half pant and one nylon string were seized vide Ex.P/6. Memorandum of accused/appellant Ramavatar Verma in Cr.A.No.614/2002 was recorded vide Ex.P/5, based on which one used razor (super max) was seized vide Ex.P/7, however, as per FSL report Ex.P/28, no blood has been found on razor. After investigation, charge sheet was filed against the accused/appellants under Sections 363, 364, 302 and 201/34, however, while framing the charge, the trial Court framed the charge under Sections 364(A), 302 and 201 read with section 34 IPC against accused/appellants.

(3.) So as to hold the accused/appellants guilty, the prosecution examined as many as 22 witnesses. Statements of the accused/appellants 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. This apart, Dhaleshwar Sahu (DW/1) and Rajeshwar Pandey (DW/2) have also been examined by the defence in support of its case.