NILESH DEWANGAN @ ROHAN @ SONU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 30.9.2011 passed by the Sessions Judge, Korba in S.T. No.126/2010 convicting each of the appellants under Sections 302, 201/34 of IPC and sentencing them to undergo imprisonment for life, pay a fine of Rs.3000/- and RI for two years, fine of Rs.1000/- with default stipulations respectively.

(2.) In the present case, name of the deceased is Khilesh Kumar Chanda. On 11.8.2010 at about 5.30 pm after returning from school he left his house on bicycle by informing his family members that he is going to his friend's house and thereafter, did not return. On the next day i.e. 12.8.2010 a missing report was lodged by his uncle PW-1 Shankar Singh. While the deceased was being searched, PW-1 Shankar Singh and PW-4 Chandrakant Chandra informed everyone that the deceased might have gone to the appellants as he had disclosed the said fact to them. PW-1 then enquired from the appellants regarding whereabouts of the deceased, on which it was disclosed by appellant No.1 Nilesh that he with the help of appellant No.2 Dhanjay killed the deceased near Ash Dam and concealed his dead body there. Dehati Merg Ex.P/23 was lodged on 14.8.2010 by PW-1. After discovery of the dead body of the deceased, Dehati Nalishi Ex.P/24 was recorded on 14.8.2010 at 5.40 pm. Numbered merg Ex.P/16 was recorded on 14.8.2010 at 6.55 pm and thereafter, FIR (Ex.P/17) was recorded on 14.8.2010 at 7.15 pm under Sections 302, 201, 34 of IPC against the appellants. Inquest on the dead body was conducted on 14.8.2010 vide Ex.P/9 and thereafter the body was sent for postmortem which was conducted on 15.8.2010 vide Ex.P/11 by PW-5 Dr. MS Pal. The autopsy surgeon noticed that whole body and clothing were stained completely with ash and mud, foul smell was emanating, maggots crawling over whole body, scalp hairs peeled off easily, right part of skull depressed with fractured pieces of temporal and parietal bone inside the cranial cavity with liquefied and decomposed brain tissue, left eye bulged out, right eye compressed; fracture of right zygomatic part of maxilla; bulge of nose and whole face stained with ash mud; tongue protruded out with loose mandible bone; abdomen and back skin reddish; scrotal skin reddish and bilateral missing of testis; skin peeled off at many places; rigor mortis passed off and decomposition of every part of body was in advance stage; right thumb with broken skin and crawling number of maggots; left upper and forearm, hands compressed with no fracture. All the above injuries were antemortem in nature. In his opinion, the cause of death was coma as a result of fracture of skull bones i.e. right zygomatic part of maxilla and fracture of nose. However, viscera was preserved for chemical analysis. On 15.8.2010 at 10 am memorandum of appellant No.1 was recorded vide Ex.P/12, pursuant to which one Nokia cell phone was seized vide Ex.P/15. On the same day at 10.10 am memorandum of appellant No.2 was recorded vide Ex.P/13, based on which a concrete stone of about 8 kg was seized vide Ex.P/14. However, there is no FSL report in respect of the seized articles. While framing charge, the trial Court framed charges under Sections 302 and 201/34 of IPC against the accused/appellants.

(3.) So as to hold the accused/appellants guilty, the prosecution examined 14 witnesses in all. Statements of the accused were also recorded under Section 313 of Cr.P.C. in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication.