BAGIRATHI KOLAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) Challenge in this appeal is to the appellant's conviction under Section 302 and 201of IPC and sentence of RI for life and RI for 3 years as also fine of Rs. 500/- and Rs. 1000/- respectively with usual default sentence.

(3.) The appellant has allegedly committed murder of deceased Daulat during the period 9:00 p.m. of 11.5.2009 to 12:00 noon of 15.5.2009. Several children engaged in grazing cattle saw a dead body in a well near Village Siltara in the agricultural filed of one Khorbahra Sahu. The information was sent to the concerned Police, where-after, the merg intimation -Ex.P/1 was recorded. During merg enquiry, it was revealed to the Police that the appellant and the deceased were last seen together at about 9:00 p.m. on 11.5.2009, therefore, after registration of FIR and recording statements of the witnesses, the appellant was taken into custody and his memorandum statement -Ex.P/4 was recorded on 18.5.2009, pursuant to which, the trouser and Tshirt of the appellant were recovered from his house vide Ex.P/6. These clothes along with one piece of brick was sent for FSL examination, however, the FSL report -Ex.P/31 has not found presence of human blood on the articles.