BHUSHAN BANJARE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellants Bhushan Banjare, Rajesh Thakur and Sonalu Mandavi have assailed the legality and validity of their conviction under Section 302/34 of IPC with separate conviction to Sonalu Mandavi under Sections 25 & 27 of the Arms Act and sentence of life imprisonment and RI for 2 years, respectively, with usual default stipulation.

(2.) The dead body of the deceased Jhumuk Lal was found near Nevai Dam on 04.05.2008, on which merg intimation was recorded at the instance of PW-6 Naresh Kothari vide Ex-P-2 Since the dead body could not be identified immediately, the unknown dead body was sent for autopsy, which was conducted by PW-3 Dr. Shivnarayan Manjhi of Medical College, Raipur on 06.05.2018 vide report Ex-P-5 & P-6. Dr. Manjhi reported that the death is homicidal in nature, as the deceased has sustained stab injuries and other injuries over his person and the death has occurred within 2-10 days prior to postmortem examination. The FIR was registered against unknown person on 05.05.2008 vide Ex-P-44.

(3.) After about 3 months, the Police summoned PW-13 Ashok Kumar Garg, son of deceased, for identification and on 29.08.2008, the dead body was identified to be that of the deceased Jhumuk Lal vide identification memo (Ex-P-29). The identification of the wearing apparels of the deceased was also carried vide Ex-P-30. The memorandum statement of the appellant Bhushan Banjare was recorded vide Ex-P-31 and at his instance, one mobile set and cash of Rs. 100/- was recovered vide Ex-P-34. On this document, the second page carries the date of seizure as 28.05.2008. The memorandum statement of the appellant Sonalu Mandavi was recorded vide Ex-P-32 and at his instance, one knife and one jeans trouser was recovered vide Ex-P-35. The memorandum statement of appellant Rajesh Thakur was recorded vide Ex-P-33, pursuant to which cash amount of Rs. 50/-, one black colour trouser and one full sleeve T-shirt were recovered vide Ex-P-36. The seized articles were sent for FSL examination and the report (Ex-P-27) was submitted finding blood stains on the trouser and knife recovered from Sonalu Mandavi and T-shirt recovered from Rajesh Thakur.