MATHURA @ MAHATO Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this criminal appeal is to the judgment of conviction and order of sentence dated 9.8.2011 passed by the learned Sessions Judge, Koriya (Baikunthpur) in S.T. No.82/2009 thereby convicting the accused/appellants under Sections 302 and 201 of the Indian Penal Code (for short 'the IPC') and sentencing them to undergo rigorous imprisonment for life and to pay a fine of Rs.1,000/- and rigorous imprisonment for 7 years and fine of Rs.1,000/-, with usual default clauses, respectively.

(2.) Case of the prosecution is that deceased Nansai Pando had encroached upon the government land and was carrying out agricultural activities over it. On 18.6.2009 he had gone to the said land for agricultural purpose, but he did not return home and therefore a missing report (Ex.P-23C) was lodged by Banwarilal (PW-12), brother of deceased. During the search of nearby area, the villagers noticed blood in a pit beside the brook. The police was informed by the villagers about the land related dispute between the deceased and accused/appellants. On the basis of suspicion, the accused/appellants were arrested, interrogated and disclosure statement of accused/appellant No.1 was recorded vide Ex.P-5. Accused/appellant No.1 herein disclosed in the disclosure statement (Ex.P-5) that on the date of incident he caused axe injury to the deceased as a result of which he became unconscious and thereafter he along with acquitted accused brought him near the brook (chhota nala) and there he again caused axe injury on the head of deceased and caused his death. Thereafter they hid the dead body in a cove in Bamanbhata jungle. On the basis of information given by accused/appellant herein, the dead body was recovered from a cove situated near a brook in Bamanbhata forest vide dead body recovery memo Ex.P-6. On the basis of disclosure statement of accused/appellant No.1, rope and axe were also seized vide seizure memos Ex.P-8 and P-9 respectively. On the basis of memorandum statement (Ex.P-5) of accused/appellant No.2, one club was seized vide Ex.P-10. Inquest over the body of deceased was prepared vide Ex.P-14 on 19.6.2009. Dehati Nalishi (Ex.P-21) was recorded on 19.6.2009 at 4.30 p.m. Dehati Merg was recorded vide Ex.P-22. Based on dehati nalishi, offence under Sections 302, 201, 34 of IPC was registered against the accused persons. Numbered merg was recorded vide Ex.P-30. Dead body was sent for post-mortem examination vide Ex.P-22 which was conducted by Dr. N.P. Bhargawa on 20.6.2009 vide Ex.P-32 and noticed fracture in occipital bone and frontal zone, abrasion over the back of body in 4" x 2" in size. The doctor has opined that cause of death was coma due to cardio respiratory arrest and death was homicidal in nature. Statements of witnesses were recorded under Section 161 CrPC.

(3.) After investigation, charge sheet was filed by the police against the accused persons under Sections 302, 201, 34 of IPC followed by framing of charges by the Court below under those sections. In order to prove its case the prosecution has examined 15 witnesses in support of its case. Statements of accused persons were also recorded under Section 313 of the CrPC in which they denied their guilt and pleaded innocence and false implication in the case.