DEVSINGH HIDHAKO Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred by the appellants under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') against the impugned judgment of conviction and order of sentence dated 03/03/2014 passed by the learned Additional Sessions Judge (FTC) North Bastar, Kanker (C.G.) in Sessions Trial No.65/2012, whereby the appellants have been convicted and sentenced as under:-

(2.) Brief facts of the case for disposal of this appeal, are that, on 06/04/2012, villagers were invited in the marriage ceremony of son of Amar Singh, where celebration took place till late night. As per allegation, deceased Harijan Dhurva at about 12.00 in the night, left the house of Amar Singh for returning his home, but he did not reach his home. On next day, (PW-5) Rano Bai, wife of Harijan Dhurva intimated other villagers and on that basis, search was made by the family members as well as villagers to nearby places, but Harijan Dhurva could not be traced. Subsequently, one dead body was found on 09/04/2012 at about 7.00 AM in the 'well' of Chharetu Hidko, which is situated at his agricultural field. On the back side of the dead body, mark of blood was present.

(3.) A merg was reported by one Shukhram (villager) along with other villagers to concerned Police Station vide Ex. P-2 and on the basis of merg intimation, the police conducted merg enquiry. The merg report was made on 09/04/2012 at about 14.00 hours and after completion of merg enquiry, First Information Report (Ex. P-25) was registered on 10/04/2012 (next day) at about 14.15 hours against unknown persons. After lodging of merg intimation, the Police reached on spot and prepared Naksha Panchayatnama on 09/04/2012 vide Ex. P-4. The Police took out the dead body from well which was identified to be of Harijan Dhurva. The dead body was sent for postmortem to Community Health Center Durgukondal vide Ex. P-24. The memorandum statement of one of appellants, namely, Devsingh Hidko was recorded by the Investigating Agency on 10/04/2012 at about 16.15 hours vide Ex. P-6 and seizure of one old used thin Towel (Gamchha) was recovered from the possession of Devsingh Hidko on 10/04/2012 at about 16.30 hours vide Ex. P-7. Dr. B.S. Thakur (PW-17) conducted postmortem of the dead body of the deceased and submitted its report dated 10/04/2012 vide Ex. P-21, in which, he opined that the cause of death was strangulation and the death was homicidal in nature.