RAMESH MANDAVI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 17.11.2015 passed by the learned Additional Sessions Judge, (FTC) Raipur in S.T. No.32/14 convicting the accused/appellants under Sections 364/34, 302/34 & 201/34 of the Indian Penal Code (for short 'the IPC') and sentencing him to undergo RI for 10 years & fine of Rs. 100/-; RI for life & fine of Rs. 500/- and RI for 2 years & fine of Rs. 50/-, with usual default clauses, respectively.

(2.) As per prosecution case, deceased Ram Singh was keeping an evil eye on the daughter of accused/appellant No.1 Ramesh Mandavi. In between 17th & 18th March, 2014 accused/appellant No.1 called the deceased to his house where he along with co-accused persons had beaten him and thereafter took him in a Jeep towards Damkasa forest after tying his hands with a cloth and committed his murder. Thereafter the accused/appellants ran over the Jeep on the body of deceased, thrown his body on the national highway and thereby tried to show cause of death of deceased as an accidental one. On 18.3.2014 at 1.05 in the afternoon FIR (Ex.P-35) was lodged at the instance of Devraj (PW-11), father of deceased. Immediately thereafter at 4 in the evening, merg intimation (Ex.P-33) was recorded at the instance of PW-11. Inquest (Ex.P-2) was prepared on the body of deceased on 18.3.2014. Body was sent for post-mortem examination which was conducted by Dr. P. S. Pradhan (PW-6) vide Ex. P-7 and he noticed following injuries:-

(3.) After completion of investigation, charge sheet against the accused/appellants herein was filed under Sections 364/34, 302/34 of IPC and accordingly the charges under those sections were framed against them by the trial Court. The prosecution in order to bring home the charges levelled against the accused/appellants examined 13 witnesses in all. Statements of accused/appellants were recorded under Section 313 of Cr.P.C. in which they abjured their guilt and pleaded innocence & false implication.