ANIL KUMAR Vs. STATE OF CHHATTISGARH THROUGH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 29.01.2015 passed by the Sessions Judge, Surguja (Ambikapur), in S.T. No.38/2014 convicting accused/appellant - Anil Kumar (A-1) under Section 302 IPC and accused/appellant - Rajeshwar (A-2) under Section 302/34 & sentencing them to undergo imprisonment for life with fine of Rs. 1,000/- with default stipulation.

(2.) As per the prosecution case, on 103.2014 the accused persons apprehended deceased Amit Ekka, young boy aged about 18 years, and made allegation against him about the commission of theft of paddy. The said fact was unequivocally denied by deceased Amit Ekka saying that he is carrying his own paddy. Further case of the prosecution is that the accused/appellants broke glass bottle in the courtyard of the deceased which was not liked by him. The deceased followed them asking to clean up the place where class was broken. In retaliation, the accused/appellants throttled the neck of the deceased and committed his murder. The incident was witnessed by Ankit Ekka (PW/2), brother and Tej Kumar Ekka (PW/3), neighbour of the deceased. Ankit Ekka (PW/2) with the help of one Deepak Ekka (not examined) brought the body of deceased to his house. Next day i.e. on 13.03.2014 at 9.30 AM, FIR (Ex.P/2) was lodged by Jahar Sai (PW/1), father of the deceased against the accused/appellants under Section 302/34 IPC followed by merg intimation (Ex.P/1). On the same day, inquest on the body of deceased was conducted vide Ex.P/5 and dead body was sent for postmortem examination which was conducted by Dr. A.K. Jaiswal (PW/8) and gave his report (Ex.P/7-A) noticing following injuries:-

(3.) After filing of the charge sheet, the trial Judge has framed the charges against accused/appellants under Sections 302/34 IPC.