ALAM ANSHARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 15.06.2010 passed by the Special Judge (Atrocity), Korba (Scheduled Caste and Scheduled Tribe Prevention of Atrocities Act, 1989) in Special Sessions Trial No.2/2008, whereby the said Court convicted the appellant under Sections 302 and 201 of IPC and sentenced him to undergo imprisonment for life and fine of Rs.1,000/- and RI for 2 years and fine of Rs.1,000/- with default stipulation, respectively.

(2.) In the present case, name of the deceased is Shyam Singh @ Neta Dhanuk. As per the prosecution case, the deceased was originally resident of Bhind and came to Bilaspur for his livelihood. One Kiran Sahu @ Jarhi was working as Labourer with the deceased. In the meanwhile, the deceased came into contact with the accused Alam Anshari and after that Kiran Sahu was residing with the accused appellant. The deceased and accused both were residing at Imlibhatha. On 27.06.2007, the deceased was last seen with the accused appellant and thereafter the dead body of the deceased was found on 01.07.2007 near electric tower at Village Mudapar. On information, the Police came into action and certain articles were seized from the spot. Upon enquiry, FIR was registered and the matter was investigated. Two doctors have examined the dead body of the deceased. After completion of the investigation, the charge sheet was filed. The appellant did not plead guilty and the trial was conducted. After completion of the trial, the trial Court convicted the appellant as mentioned above.

(3.) The appeal is preferred on the grounds as mentioned below:-