CHHOTU ALIAS COMPOTAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As the aforesaid three Criminal Appeals arise out of the same judgment dated 20.11.2014 passed by Additional Sessions Judge, Manendragarh, District Koriya, in Sessions Trial No. 23/2007 convicting the accused/appellants under Sections 364, 302 & 201 IPC and sentencing each of them to undergo imprisonment for life and pay fine of Rs. 2000/- u/s 364 and 302, and RI for five years with fine of Rs. 1000/- u/s 201 IPC plus default stipulations, they are being disposed of by this common judgment.

(2.) As per the case of prosecution, deceased Anand Vishwakarma used to drive the Bollero vehicle owned by a colliery employee AK Das (PW-12) and that on 10.10.2006 the vehicle was hired by the accused/appellants for being taken to Ambikapur from Haldiwadi. It is said that on the way to Ambikapur near village Kalua the accused/appellants stopped the vehicle and asked the deceased driver to take it towards the forest on the pretext of answering the call of nature. It is further said that after reaching the forest, the accused/appellants strangulated the deceased with the help of scarf already put on his shoulders and buried his body on the bank of a river within the territorial jurisdiction of Shrinagar police station. Since the deceased did not return for three days, his father Pooran Sai (PW-5) lodged the missing report Ex. D-3 on 13.10.2006 at police station Chirmiri which also contains the particulars of the vehicle hired by the accused/appellants. Case of the prosecution further says that when the search of the deceased was on, Station House Officer of police station Khadda, district Kushinagar (UP) intercepted a Bollero vehicle on 21.12006 being driven by accused/appellant Nure Alam who on interrogation failed to produce any document related thereto. Accused Nure Alam is however said to have confessed that on 10.10.2006 he along with accused/appellants Chhotu alias Compotar and Ahmad Ali alias Babu had looted the said vehicle from its driver Anand Vishwakarma and after killing him buried his body near a river and brought the vehicle to Uttar Pradesh for sale. Unnumbered FIR against accused Nure Alam was registered for the offence under Sections 41 of the Code of Criminal Procedure and 411 of the Indian Penal Code at police station Chirmiri vide Crime No. 637/2006. On the memorandum of accused Chhotu alias Compotar (Ex. P-8) dated 212006 recovery of beheaded dead-body was made from the river bed under Ex. P-9 whereas on the memorandum of accused Nure Alam (Ex. P-15) a golden colour wrist watch and a small note book allegedly belonging to the deceased were seized under Ex. P-16. Test Identification Parade ("TIP" for short) was conducted by B. Kujur (PW-3) vide Ex. P-6 and the watch seized under Ex. P-16 was identified by Pooran Sai (PW-5) to be that of the deceased. Memorandum of accused Ahmad Ali (Ex. P-14) was recorded on 212006 based on which and also that of accused Chhotu alias Compotar beheaded skeleton of the deceased was exhumed vide exhumation Panchnama Ex. P- FIR Ex. P-28 was registered on 212006 at police station Chirmiri against the accused/appellants for the offences punishable under Sections 397, 302, 201, 34 IPC. After drawing inquest Ex. P-3, the skeleton was sent for postmortem examination which was conducted by Dr. DK Vishwakarma (PW-7) who gave his report Ex. P-17. Subsequently, the beaded skeleton was identified by father of the deceased (PW-5) vide Ex. P-7 on the basis of clothes worn by the deceased. As per the un-exhibited DNA report dated 31.10.2014 the DNA of PW-5 and PW-9, both parents of the deceased, as also that of the deceased was found the same. After investigation, challan was filed by the police under Sections 397, 394, 302, 201, 34 IPC followed by framing of charge by Court below under Sections 364, 397, 302, 201, 412 in the alternative 414 IPC.

(3.) In order to prove its case the prosecution has examined 30 witnesses in support of its case. 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. This apart, one defence witness namely Mehmood has also been examined in the case.