DANURAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As the judgments under assail dated 15.04.2011, 14.02.2013 & 21.11.2014 have been rendered in the same Sessions Trial No. 83/2010 and that the incident is also one and the same, the aforesaid three appeals are disposed of by this common judgment.

(2.) Conviction and sentence of the accused/appellants are as per the chart drawn below:

(3.) Name of the deceased in the cases in hand is Ghasia alias Mangal Netam. It is alleged that on 17.08.2008 he was taken from his house by hundreds of Naxalites on the pretext that he was acting as informer to the police. On 19.08.2008 they are said to have committed his murder and handed over his dead-body to his family members for performing the last rites. While handing over the dead-body, those persons are also said to have asked his family members not to disclose about their act to anyone including the police. About a year thereafter i.e. on 09.07.2009 written report Ex. P-1 was lodged by the wife of the deceased namely Pramila Netam (PW-1) to the Superintendent of Police alleging that her husband was done to death by the Naxalites. In the said report she named Dipak, Mina, Jaimati, Danu, Harsingh and others. According to the case of prosecution, after receiving the written report (Ex.P-1) the matter was inquired into, the burial place was identified vide Ex. P7, on 30.03.2010 skeleton of the deceased was exhumed from the field of Somaru, which was identified vide Ex. P-5 by (PW-1) on the basis of clothes found on it to be of her husband. After drawing inquest vide Ex. P-20 the skeleton was sent for postmortem examination which was conducted by Dr. Sukhdev Shinde (PW-9) who gave his report (Ex.P-4). Doctor however could not give any opinion as to the cause of death and had sent the bones for Chemical Forensic Examination. As per the Forensic report (Ex. P28) skeletal bones were the human bones of male in between 18 and 30 years of age. On 31.03.2010 merg intimation Ex. P-19 was recorded on 31.03.2010 at 10.35 AM followed by FIR (Ex.P-13) registered against Jaimati, Dipak, Mina, Danu, Harsingh, Maharsingh, Arjun, Chamru and 10-15 others. After arresting accused Danu, his memorandum (Ex. P-9) was recorded on 01.04.2010, based on which seizure of muzzle loader was made under Ex. P-10, however, the witnesses to memorandum and seizure (PW-6 and PW-10) have not supported the case of the prosecution. Initially, Sessions Trial only in respect of accused Danuram was conducted as according to the prosecution agency, at that stage, other accused persons were absconding. Subsequently, accused Harsingh, Chamru and Maharsingh were arrested and tried in the same Sessions Trial. Later on, another accused namely Arjun Darro was arrested on 16.08.2013 and he too was put to the same Sessions Trial. Court below framed the charge against accused Danuram under Sections 147, 148, 364/149, 302/149, 201, 506 (Part-II) IPC and sections 25/27 of the Arms Act; against accused Chamru, Harsingh, Maharsingh and Arjun u/s 148, 364 or 364/149, 302 or 302/149 and 201 IPC. As regards accused Danuram, the prosecution has examined 12 witnesses but subsequently relied upon the same in respect of other accused persons also by making necessary cross examination. Thus the evidence in relation to all the accused/appellants is almost identical barring certain variations in the cross-examination.