MADAN @ JITENDRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As these two appeals arise out of the common judgment dated 11.10.2011 passed by the Sessions Judge, Bastar at Jagdalpur, in S.T. No.90/2008 convicting the accused/appellants under Section 302 read with section 34 of IPC and sentencing them to under to imprisonment for life with fine of Rs. 500/- each, in default of payment of fine amount to further undergo S.I. for one month, they are being disposed of by this common judgment.

(2.) As per the prosecution case, on 06.04.2008 deceased Sandeep @ Golu was watching television in the house of her aunt and from there he was taken by the accused/appellants and two minor accused namely Suresh and Bhushan @ Bablu. Further case of the prosecution is that the deceased did not return to his house and on 08.04.2008 his dead body was found near the railway track. Dehati merg Ex.P/7 was recorded on 08.04.2008 at 02.05 pm and thereafter merg intimation Ex.P/8 was recorded on the same day. Inquest on the body of deceased was conducted on 08.04.2008 vide Ex.P/16 and thereafter dead body was sent for postmortem to Maharani Hospital, Jagdalpur vide Ex.P/17. On the same day, postmortem examination on the body of deceased was conducted by Dr. P.L. Meriya (PW/4) who gave his report Ex.P/1 opining the cause of death to be brain hemorrhage due to injury on right frontal head and death was accidental in nature. On 17.04.2008, case diary statement of Anita Nair (PW/2) was recorded wherein she, for the first time, disclosed the fact that the accused persons came to her house and took the deceased along with them on 06.04.2008. Memorandum of co- accused Bhushan @ Bablu was recorded vide Ex.P/11, based on which 13 kg copper wire was seized vide Ex.P/12, and it is that copper wire which was stolen by the accused persons and some dispute took place between them over sharing of profit. After merg inquiry, F.I.R. (Ex.P/9) was registered on 23.04.2008 against the present appellants and two other accused persons under Section 302/34 of IPC. After investigation, charge sheet was filed against the accused/appellants under Section 302/34 IPC and accordingly charges were framed against them by the trial Court.

(3.) So as to hold the accused/appellants guilty, the prosecution examined as many as 08 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.