BABA GOND @ ROHIT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As the aforesaid three Criminal Appeals arise out of the same judgment dated 21.12.2012 passed by Additional Sessions Judge Bemetara, District Durg in Sessions Trial No. 23/2011 convicting the accused/appellants under Sections 302/34 and 201/34 IPC and sentencing each of them to undergo imprisonment for life with fine of Rs. 1000/- u/s 302/34 and RI for three years with fine of Rs. 500/- u/s 201/34 plus default stipulations, they are disposed of by this common judgment.

(2.) Name of the deceased in this case is Balla Kewat who used to work as an exorcist in the village. Allegedly, he was having illicit relations with the wife of accused/appellant Chintu Yadav. Case of the prosecution is that on 28.01.2011 accused Chintu Yadav took the deceased with him for exorcising his wife and children and thereafter on the same day at about 7.30 PM his dead-body was found at the market place of village Murkuta. Further case of the prosecution is that accused Chintu Yadav and Narsingh Chandrakar took the motorcycle of Ramchand (PW-19) saying that it would be returned soon. Thereafter it is said that after committing the murder of deceased when the accused/appellants were carrying the dead-body on motorcycle, it fell off near the market of Murkuta. On this, accused Baba Gond got down whereas the other two accused persons left the place and went to some other village from where they were brought back by the villagers. Prosecution case further reveals that on the same day at about 10 PM merg intimation Ex. P-16 was recorded at the instance of accused Chintu Yadav mentioning in it that while he was going with other accused persons as also the deceased to village Gania deceased fell down from the motorcycle and died. Inquest Ex. P-3 was drawn on 29.01.2011 followed by postmortem examination which was conducted by Dr. Sanjay Balbhadre (PW-11) vide report Ex. P9. On 31.01.2011 memorandum of accused Chintu Yadav (Ex.P-12) was recorded based on which seizure of club was made under Ex. P-13, which as per FSL report Ex. P-23 was stained with blood. Further, vide Ex. P-5 a Platina motorcycle was also recovered from the spot. However, no serological report is on record to ascertain the origin of the said blood. After investigation, police filed the challan against the accused/appellants and the Court below framed the charge against them under Sections 302/34 and 201/34 IPC.

(3.) In order to prove its case the prosecution has examined 21 witnesses. Statements of the accused/appellants were also recorded under Section 313 of the Code of Criminal Procedure in which they denied their guilt and pleaded innocence and false implication in the case.