LAXMI NARAYAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As the aforesaid two Criminal Appeals arise out of the same judgment and order dated 17.10.2011 passed by Additional Sessions Judge, Bilaspur in Sessions Trial No. 88/2009 convicting the accused/appellants under Sections 302/34, 394 read with 397/34 IPC and 25 of the Arms Act and sentencing each of them to undergo imprisonment for life with fine of Rs. 100/- u/s 302/34, RI for seven years with fine of Rs. 100/- u/s 394 read with 397/34 IPC and RI for three years with fine of Rs. 100/- u/s 25 of the Arms Act, they are being disposed of by this common judgment.

(2.) Facts of the case leading to disposal of these two appeals in brief are that on 02.01.2009 deceased Vikash Sharma had left his house on motorcycle for ITI Koni where he was taking training in IT Trade, informing his parents that in the night he would stay in the house of his aunt if got late. Thereafter, on 05.01.2009 body of the deceased was found near Vivekanand Boys' Hostel lying in the bushes and it was identified by his brother Shrikant Sharma (PW-1) at whose instance merg intimation Ex. P-1 was recorded on the same day. Immediately thereafter FIR (Ex. P-2) was registered against the unknown person for the offence under Section 302 IPC. After drawing inquest (Ex.P-17) dead-body was sent for postmortem examination which was conducted by Dr. Vijay Chandel (PW-16) who gave his report Ex. P-22. Further case of the prosecution is that Nokia cell phone of the deceased was being tracked by the police and it is said that the same was sold by accused/appellant Vinay Sahu to one Ravi Kumar (PW-9) and the moment said Ravi Kumar switched on the cell phone by putting the other SIM card, it was tracked by the police and on interrogation by the police he informed that he had purchased the same from accused Vinay Sahu. Said cell phone is alleged to have been recovered from accused Vinay Sahu at police station Koni. Likewise, one motorcycle belonging to the deceased was also recovered from Laxminarayan in the police station vide Ex. P-5. After investigation, charge-sheet was filed by the police against the accused/appellants under Sections 302, 397, 34 IPC followed by framing of charge by the Court below u/s 302/34, 394 read with 397/34 IPC and 25 of the Arms Act.

(3.) In order to prove its case the prosecution has examined 18 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.