SOMDAS GOSWAMI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This judgment shall govern Criminal Appeal No.932 of 2004 preferred by appellant Somdas Goswami and Criminal Appeal No.928 of 2004 preferred by appellant Khoman Bharti. Both appellants were convicted under Sections 302 and 201 of the Indian Penal Code and were sentenced to imprisonment for life and fine of Rs.5,000 and in default of payment of fine to additional R.I. for two years under Section 302 of the Indian Penal Code and to R.I. for two years and fine of Rs. 1,000 and in default of payment of fine, to additional R.I. for six months under Section 201 of the Indian Penal Code by the 1st Additional Sessions Judge, Baloda Bazar vide judgment dated 14.10.2004 in Sessions Case No.243/2003.

(2.) Admittedly, the deceased Dr. K. D. Saraswat was Principal of Government College, Simga and resided at Raipur. Smt. Padmini Saraswat PW14 is his widow. The appellant Somdas Goswami was a Professor in Government College Simga while appellant Khoman Bharti was working as a Clerk. The deceased K. D. Saraswat had accompanied the appellant Somdas Goswami in his motorcycle to the Police Station Simga in the afternoon on 23.5.2003. It is also not in dispute that the hacked parts of the dead body allegedly recovered from the field of the appellant Somdas were that of K.D. Saraswat.

(3.) Prosecution case, in short, is that on 23.5.2003 at about 4-5 p.m. K.D. Saraswat had accompanied the appellant Somdas Goswami on his motorcycle to the police station Simga for obtaining the bundles of answer copies for deposit at the University at Raipur. From the police station, the appellant Somdas Goswami took K.D. Saraswat on his motorcycle to the house of Khoman Bharti where both appellants committed murder of K.D. Saraswat by pressing his thyroid cartilage. K.D. Saraswat died due to asphyxia. After committing his murder, the appellants hacked the dead body of K.D. Saraswat by a gandasa to many pieces and filled them in two gunny bags. Appellant Somdas Goswami who had agricultural land in Village Bhatgaon asked Jugul, PW10 to dig two pits of 2 feet wide and 2 feet deep in his field on the pretext of fixing poles for electricity. Later, the appellants caused disappearance of the evidence of murder by burying the hacked body of K.D. Saraswat in those pits dug by Jugul, PW10. The gandasa was hidden in the field of Atiram Lodhi. Thereafter, to cause disappearance of signs of digging pits, appellant Somdas Goswami asked Balesh Thakur, PW5 to plough the field at night. Balesh Thakur did the job at night. The appellants threw the watch, mobile phone, key rings of the deceased in the well of one Punit Ram Sahu and threw the pen, Tiffin box, chashma and chappal of the deceased on the side of the road towards Gandai. The appellant Somdas Goswami burnt the clothes of the deceased and gunny bags etc, in a pit in his matrimonial house at Silhati.