RATI RAM KHANDIYA Vs. STATE OF CHATTISGARH

JUDGEMENT

(1.) THE following judgment of the Court was delivered by Dilip Raosaheb this appeal is directed against the judgment dated 21-9-1999 delivered by the 2nd additional Sessions Judge, Raigarh in sessions Case No. 150/98 whereby the appellants were convicted for offence under section 302 read with Section 34 and Section 201 read with Section 34 of the IPC and sentenced to imprisonment for life under section 302 read with 34 of the IPC and to rigorous imprisonment for 7 years under section 201 read with Section 34 of the IPC.

(2.) ADMITTEDLY, appellant No. 1 Rati Ram is the son of appellant No. 2 Tiharu. Deceased Horilal had died a homicidal death on 2-7-1998. Following injuries were found during autopsy by Dr. Anil Kumar Tirkey p. W. 15 on the beheaded body of Horilal.

(3.) THE law was set into motion by Bhagau ram P. W. 1 who lodged FIR Ex. P. 1 at 18. 30 hours at Police Station Sarangarh and merg intimation Ex. P. 35 at 18. 40 hours on 2-7-1998. In the FIR Ex. P. 1, Dhaneshwari, aged 16 years, niece of the deceased was stated to have witnessed the gruesome murder of horilal and to have informed Bhagau Ram that Rati Ram and Tiharu had murdered horilal and after beheading him Rati Ram had taken the head part with him in a bag. Bony parts of remains of the head of Horilal eaten up by animals, black hair and one plastic bag were also recovered from a cave of Bamhan Daipathar forest and seized vide ex. P. 7 on 9-7-1998 at the instance of the appellant Rati Ram. Inquest Ex. P. 4 was recorded on 9-7-1998. On 9-7-1998 vide Ex. P. 9 one iron sabbal and vide Ex. P8 one tangia with a wooden handle were seized from the appellant-Rati Ram on memorandum. Bloodstained full shirt and gamcha of rati Ram were seized vide Ex. P. 10 on 9-7-1998. From the place of occurrence, the bloodstained soil was also seized from the appellant Rati Ram vide Ex. P. 11 on 9-7-1998. On completion of investigation, prosecution under Sections 302, 201 read with section 34 of the IPC was launched against the appellants.