RAJKUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 25.02.2013 passed by the 3rd Additional Sessions Judge, Bilaspur, in S.T. No.185/2011 convicting the accused/appellant under Sections 147, 302/149, 201 of Penal Code and sentencing him to undergo R.I. for one year, imprisonment for life with fine of Rs.1,000.00 and R.I. for two years with fine of Rs.500.00 plus default stipulations respectively.

(2.) As per the prosecution case, accused/appellant Rajkumar, Ankit Upadhyay, Vikas Das, Ankit Malu, Sheikh Yasin and the deceased Raja @ Iliyasi had gone to Kori Dam, Kota for enjoying picnic. It is said that near dam the deceased, after consuming liquor, started abusing other persons and quarreled with them. Further case of the prosecution is that the deceased was beaten by twig of tree by his friends resulting into death of the deceased. After leaving the body of deceased in a jungle, the accused/appellant fled from the spot and were arrested after two days. In the meanwhile, on 07.09.2011, dead body of the deceased was found in a jungle near Kori Dam and after receiving information, the dead body was identified by Ismile Khan, cousin brother of the deceased, at whose instance dehati merg was lodged vide Ex.P/9 on 07.09.2011. On the same day, inquest on the body of deceased was conducted vide Ex.P/2 and dead body was sent for postmortem examination to Community Health Center, Kota where Dr. D.P. Dhruv (PW/2) conducted postmortem examination on the body of deceased and gave his report Ex.P/3 noticing following injuries:-

(3.) On 07.09.2011, numbered merg (unexhibited) was also recorded. On 09.09.2011, after merg inquiry, FIR (Ex.P/15) was registered under Sections 302, 201 and 34 of Penal Code against friends of the deceased. On 14.09.2011, disclosure statement of the accused/appellant was recorded vide Ex.P/11, based on which, branch of tree was seized vide Ex.P/12, however, there is no FSL and Serological reports on record to confirm presence of blood thereon and its origin respectively. After filing of charge sheet, the trial Court framed charge under Sections 147, 302 read with section 149 and 201 of Penal Code against the appellant. Separate charge-sheet was filed against Ankit Upadhyay, Vias Das, Ankit Malu and Sheikh Yasin and they being juvenile were tried separately by the Juvenile Justice Board, Bilaspur.