STATE OF CHHATTISGARH Vs. SANJAY PANDEY

JUDGEMENT

(1.) This acquittal appeal is directed against the judgment dated 26.06.2007 passed by the Additional Sessions judge, Mungeli, Sessions Division, Bilaspur, in Session Trial No. 390 of 2006, wherein the trial Court has acquitted the respondents for commission of offence punishable under Sections 302/34 read with Section 201 of the IPC, for committing murder of one Ramji Kashyap and for causing disappearance of evidence of the offence.

(2.) In the present case, name of deceased is Ramji Kashyap, who was representative of Gram Panchayat- Saraipatera. Gram Panchayat constructed a tank in the village near residential plot to which respondent Krishna Kumar objected that is why relations between the deceased and respondent Krishna Kumar was strained. The deceased left for village Lormi on 11.07.2006 at about 18.45 pm but did not return. His son Rohit Kumar Kashyap (PW-10) made search on the next day, and he was informed by one Subhash Thakur that a dead body is lying near Ghorbandha canal. He reached the spot and found the dead body of his father Ramji Kashyap. Upon his report, at Police Station Lormi, merg No. 25/06 was registered and body of the deceased was sent for postmortem. After autopsy, it is found that cause of death is excessive bleeding leading to hypovolemic shock due to head injury. The authorities registered a case under Sections 302/34 read with Section 201 of the IPC and investigated the matter. After completion of investigation, charge sheet was filed against the respondents. Respondents pleaded innocence and therefore, the trial was conducted. After examination of the all the witnesses, statements of the respondents were recorded under Section 313 of the Code. After hearing the parties, the trial Court acquitted the respondents as aforementioned.

(3.) Learned counsel for the State submits as under;-