GORELAL S/O DHANWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 24.9.2008 passed by the First Additional Sessions Judge, Baloda Bazar in ST No.34/2007 convicting the appellant under Sections 302 and 201 of IPC and sentencing him to undergo imprisonment for life, pay a fine of Rs.500/- and RI for five years, pay a fine of Rs.500/- with default stipulations respectively.

(2.) In the present case, name of the deceased is Rukhman, who was residing as tenant of the accused/appellant. It is alleged that on 17.9.2007 Rukhman was found lying near the tree in the village in drunken condition. When PW-3 Toranlal Yadav, Sarpanch of the village, was informed about the same, he asked the accused/appellant to take the deceased to his house and provide him some medicine so that he could become normal. Since then the deceased was missing and on 18.9.2007 his dead body was found in the jungle near the village where the appellant and the deceased were residing. Merg intimation Ex.P/6 was recorded at the instance of PW-3 on 18.9.2007. Dehati Nalishi Ex.P/19 was recorded on 19.9.2007 on the basis of merg enquiry against the appellant and his wife Smt. Dhanmat Bai (acquitted accused) under Sections 302, 201 and 34 of IPC. Thereafter, FIR (Ex.P/21) was registered against the accused persons under the aforesaid sections. Inquest over the dead body was prepared vide Ex.P/8 on 19.9.2007. Thereafter, the dead body was sent for postmortem, which was conducted on 19.9.2007 by PW-1 Dr. Ashok Kumar vide Ex.P/1 wherein he noticed a lacerated wound at right side of face, over right ear pinna, contusions over right cheek, left arm, swelling over right front side of head. In his opinion, the cause of death was cardio-respiratory arrest. However, the doctor did not express his opinion whether the death was homicidal in nature or not. After investigation, charge sheet was filed against the accused persons under Sections 302, 201, 34 of IPC followed by framing of charges by the trial Court accordingly.

(3.) So as to hold the accused persons guilty, the prosecution examined 12 witnesses in all. Statements of the accused 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.