ROHIT LAL PARTOTI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 23.12.2014 passed by the Additional Sessions Judge Pendra Road, District Bilaspur in S.T. No.11/2014 whereby the learned Additional Sessions Judge has convicted the accused/appellants for the offences punishable under Sections 302 & 201 of the Indian Penal Code (henceforth 'the IPC') and sentenced each of them to undergo RI for Life with fine of Rs. 200/- & RI for 3 years with fine of Rs. 100/-, with usual default clauses, respectively.

(2.) Facts of the case, in brief, are that on 13.12013 accused/appellant No.1 along with family members, relatives and friends was celebrating the birth of his daughter. Deceased Manju Singh, son of co-brother of accused No.1 had also come there. The celebrations was going on during which some heated conversation took place between the deceased and accused/appellant No.1. After some time, the deceased went missing. On16.12013 naked body of the deceased was found lying in the forest. At the instance of Pandulal (PW-6), Merg Intimation & FIR were recorded on 16.12013 vide Ex.P-9 & Ex.P-10 respectively. Inquest over the body was prepared vide Ex.P- Dead body was sent for post-mortem examination which was conducted by Dr. B.S. Paikra (PW-10) who noticed following injuries;-

(3.) So as to hold the accused/appellants guilty, the prosecution has examined 11 witnesses. After recording of the evidence for the prosecution was over, the accused/appellants were examined under Section 313 of Cr.P.C. regarding the incriminating materials found in the evidence adduced on the side of prosecution. They denied such evidence to be false and once again reiterated their stand that they are not guilty of any offence.