JITENDRA KUMAR SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As these three appeals arise out of common judgment dated 18- 8-2010 passed in Sessions Trial No. 51 of 2008, therefore, they were heard analogously and are being disposed of by this common judgment.

(2.) Challenge in all these three appeals is to the judgment of conviction and order of sentence dated 18-8-2010 passed by the 2nd Additional Sessions Judge, (FTC), Korba, Sessions Division Korba (CG), in Sessions Trial No. 51 of 2008, whereby the trial court has convicted all the four appellants in these three appeals for commission of offence punishable under Sections 302, 120-B and 201 of IPC, 1860 and sentenced them to undergo RI for life and fine of Rs100/-, RI for one year and fine of Rs. 100/- and RI for one year and fine of Rs. 100/- respectively with default stipulations for commission of murder of one Priyanka Sharma on 11-4-2008 at her parental house at village Molainbhata, Police Station Katghora between 11.00 pm of 10-4-2008 to 5.30 am of 11-4-2008 and for being part of criminal conspiracy of murder of Priyanka Sharma and for causing disappearance of evidence of the said offence with intention of screening them from legal punishment.

(3.) In the present case, appellant Narendra Kumar Lata was married to deceased Priyanka Sharma on 23-6-2007. As per case of prosecution, deceased Priyanka Sharma and appellant Narendra Kumar Lata were staying together in the room of the parental house of Priyanka Sharma on 10-4-2008 at village Molainbhata and dead body of Priyanka Sharma was found in the said room where both were staying together and nature of death of the deceased is homicidal. Banti @ Ashish Sharma, who is brother of the deceased Priyanka Sharma lodged first information report in Police Station Katghora on 11-4-2008 against all the accused/appellants as per Ex.P/11. The statements of the witnesses were recorded under Section 161 of the Code of Criminal Procedure, 1973 and after completion of the investigation charge-sheet was filed before the Court of Judicial Magistrate First Class, Katghora, who in turn committed the case to the Sessions Court, Korba (trial Court). The trial Court framed charges against the appellants under Sections as mentioned above, to which they did not plead guilty, therefore, trial was conducted and after completion of evidence of the prosecution side, statements of the appellants under Section 313 of the Cr.P.C., were recorded. After completion of trial, the trial Court considering the material available on record, by the impugned judgment, convicted and sentenced the accused/appellants as mentioned above.