LAWS(CHH)-2017-11-60

UCCHHO @ SANTOSH YADAV Vs. STATE OF CHHATTISGARH

Decided On November 04, 2017
Ucchho @ Santosh Yadav Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 29.10.2010 passed by the 9th Additional Sessions Judge (FTC), Raipur, in S.T. No.42/07 convicting the appellant under Sections 302 (on two counts), 392 of IPC and sentencing him to undergo imprisonment for life with fine of Rs.1000/- and R.I. for seven years with fine of Rs.1000/- respectively, plus default stipulation.

(2.) In the present case, name of the deceased are Ram Bai @ Devsundar Bai and Sukhbati Bai. As per the prosecution case, the accused/appellant was a labour supply contractor. On 15.09.2006, he took Kirti (PW/4), Rajni (PW/7) and Rubi (PW/18) to WRS colony, Khamtarai, Raipur under the assurance that he would provide some work to them. It is alleged that he threatened tall girl and seeing that the small one fled away from the spot. Thereafter, he took out anklet, nose pin, mangalsutra of tall girl and after pressing her breast, he ran away from the spot and came to Gudiyari and sold looted ornaments for consideration of Rs.4500/-. Accused/appellant stated that some cash amount was with him. On 19.09.2006, the accused/appellant was taken into custody, however, his formal date of arrest is 20.09.2006. Further case of the prosecution is that on 19.09.2006, memorandum of the accused/appellant was recorded vide Ex.P/4 wherein he had disclosed that prior to 15.09.2006 he took Ram Bai @ Devsundar Bai and Sukhbati Bai (both deceased) on the assurance of providing some work to them and near WRS colony, he made an attempt to ravish both girls but when he could not succeed due to erectile dysfunction, he committed their murder and threw their bodies near the brook of WRS colony. In the meanwhile, on 15.09.2006, two unknown decomposed dead bodies were recovered near the brook, unnumbered merg intimation Ex.P/30 and P/31 were recorded on the same day followed by numbered merg Ex.P/32 and P/33. On the basis of merg intimation, on 16.09.2006, FIR (Ex.P/34) was registered against an unknown person under Sections 302 and 201 of IPC. Inquests on the bodies of deceased were conducted on 15.09.2006 vide Ex.P/14 & P/15 and dead bodies were sent for postmortem examination which was conducted by Dr. S.N. Manjhi (PW/5) and he gave his reports Ex.P/8 and P/9 noticing following injuries/symptoms.

(3.) On 16.09.2006, the dead body of Ram Bai @ Devsundar Bai was identified vide Ex.P/17 by Saroj Manikpuri (PW/22), daughter of the deceased. Likewise, dead body of Sukhbati Bai @ Kendi Bai was identified vide Ex.P/18 by Raju Satnami (PW/23), son of the deceased.