BIRBAL SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 6.1.2012 passed by the Additional Sessions Judge, Balod, Distt. Durg (CG) in ST No.98/2011 convicting each of the appellants under Sections 302/120B & 201 of IPC and sentencing them to undergo imprisonment for life, to pay a fine of Rs. 100/- and RI for one year plus fine of Rs. 100/- with default stipulations respectively.

(2.) As per prosecution case, deceased Bhagwat, uncle of accused/appellant Birbal had taken Rs. 8500/- from Birbal and was not returning the same. Sometime in April, 2011 when appellant Birbal again demanded his money back, he was abused by deceased Bhagwat as a result of which Birbal got annoyed with him. Further case of the prosecution is that appellant Birbal hatched a criminal conspiracy with other accused/appellants. They went to post office where the deceased was working, however, the deceased was not found there and therefore, they left the said place after getting their mobile number written on the register of the office. It is alleged that on 27.5.2011 the accused/appellants took the deceased to jungle, committed his murder by strangulation and they burnt his dead body so that it could not be identified by anyone. On 30.5.2011 one dead body was found in the jungle by Forest Guard PW-1 Ravindra Nath Singh Yadav and his colleague Sanjay Kumar and at the instance of PW-1 merg intimation Ex.P/1 was registered on the same day. On 31.5.2011 the dead body was identified by father of the deceased PW-2 Ganesh Ram vide Ex.P/5. Inquest on the dead body was conducted on 30.5.2011 vide Ex.P/3 and thereafter the body was sent for postmortem which was conducted on 31.5.2011 vide Ex.P/10 by PW-5 Dr. SK Soni who noticed that the dead body was highly decomposed, bones were visible, muscles and skin of both hands, legs, waist region, abdomen & chest were destroyed by wild animals; tongue, eye and viscera were putrefied; 3rd & 4th right side ribs and 5th & 6th left side ribs were taken out by wild animals; both foot not burnt; and all the internal organs were burnt. Some part of the skin, muscles, right femur bone, skull and right hand fingers were sent to FSL for ascertaining nature of burn, age and sex of the deceased. Since the body was highly decomposed, no opinion regarding cause and nature of death could be given. Memorandum of appellants Devraj Thakur, Birbal & Rupesh Kumar were recorded on 25.6.2011 vide Ex.P/6, P/7 & P/8 respectively. Pursuant to the memorandum of Birbal, one plastic jerrican and one nylon rope were seized vide Ex.P/9 and under Ex.P/10 one mobile of Micromax company was also seized. From the spot also certain articles were seized vide Ex.P/20. Documents of the vehicle allegedly used in commission of the crime were seized vide Ex.P/16 from accused/appellant Rupesh Kumar. While framing charges, the trial Judge charged the appellants under Sections 302, 120B & 201 of IPC.

(3.) So as to hold the accused/appellants guilty, the prosecution examined 09 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.