STATE OF CHHATTISGARH Vs. KRISHNA RAM

JUDGEMENT

(1.) This acquittal appeal is preferred against the judgment dated 5-7- 2003 passed by the 2nd Additional Sessions Judge, Kanker, (for short, "the trial Court") Sessions Division Jagdalpur (CG) in Sessions Trial No. 5 of 2003 wherein the trial Court acquitted all the four respondents of the charges under Section 302 and 201 read with Section 34 of the IPC for commission of murder of Akhilesh @ Nanhi and Kishanbati on 18-2-2001 at village Khajravan and causing disappearance of the evidence of said offence with intention to screening them from legal punishment.

(2.) As per case of prosecution, deceased Akhilesh is Rajput by caste and deceased Kishanbati is Kalaar by caste. Marriage between them was not permissible under the custom prevailing in both communities, but both were in love affair and that is why family members of these two persons were annoyed with them. On 18-2-2001 deceased Kishanbati left her house to meet deceased Akhilesh at Shitla Temple of their village Khajravan, Police Station Narharpur. When they were seen in compromising position at Shitla temple, all the four respondents reached there and assaulted the deceased Akhilesh by club and administered poisonous substance to him. When Kishanbai tried to flee away, they also caught hold her and administered poison to her. It is alleged that one Ramelal and his uncle Nandlal informed Kamlesh, who is brother of deceased Akhilesh, about the incident and Kamlesh rushed to the spot where deceased Akhilesh informed him that he and Kishanbati did not consume poison, but all the respondents have administered poison to both of them. Akhilesh and Kishanbati died due to effect of poison. The matter was reported to Police Station, Outpost Dudhava by one Chandra Bhuwan Singh (PW/2) as per Ex.P/ After getting information, Police swung into action and certain articles were seized from the spot. Poisonous substance was sent for chemical examination and poisonous substance Democron was found in the bottle seized from the spot.

(3.) Learned State counsel submits as under: