YASHWANT KHUTIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As these three appeals arise out of the judgment and order dated 10.09.2012 passed by the First Additional Sessions Judge, Ambikapur, district Surguja in Sessions Trial No.218/2004 convicting the accused/appellants under Sections 364/149, 302/149 and 201 IPC and sentencing them to undergo imprisonment for life with fine of Rs. 1000/- u/s. 364/149; to undergo imprisonment for life with fine of Rs. 1,000/- u/s. 302/149 and to undergo RI for seven years with fine of Rs. 500/- u/s. 201 plus default stipulations respecitvely, they are being disposed of by this common judgment.

(2.) Prosecution case in brief is that on 23.11.03, deceased Nandu Prasad Gupta along with his family, after attending the marriage function of his brother-in-law, reached from Bus Stand Ambikapur to Kharsiya Naka, at that time, accused Anil Rawani along with Mahendra Das and Raka @ Rajesh were standing there, attempted to intercept the rickshaw and when deceased Nandu Prasad Gupta forbade them, they started quarreling and misbehaved with his wife. After arriving home, deceased narrated the incident to his brother Prem Kumar Gupta (PW-1), who on the next day called accused Anil Rawani to his hotel and made him understand but accused Anil Rawani abused him and out of anger Prem Kumar Gupta (PW-1) slapped him 3-4 times and left the place. Thereafter at night, accused Mahendra Das (dead) came to his house, threatened him and left from the place. On 25.11.03, at about 10.15 p.m. accused persons came to his hotel in a silver colour Marshal Jeep, caught hold of the deceased, dragged him and took him to the outskirts to the forest at Ramanujnagar, committed his murder and threw the body down the bridge of Jheek river. On 26.11.03, on the basis of information given by Pawan Das, Bhulai Ram (PW-7), Akbar Ram and Kalyan Sai 26.11.03, body was recovered. Merg intimation Ex.P-31 was recorded. Body was identified by his brother Prem Kumar Gupta to be that of the deceased, which was excavated and handed over to the brother of the deceased. After completing all the formalities, on the basis of the above facts, offence was registered against the accused persons under Sections 302, 201/34 and 364 IPC and Section 25 of the Arms Act. After investigation, charge sheet was filed against the accused persons.

(3.) In order to establish the guilt of the accused/appellants, prosecution has examined 15 witnesses. Statement of the accused/appellants were also recorded under Section 313 of the Cr.P.C. in which they denied the charges levelled against them and pleaded their innocence and false implication in the case.