LAWS(CHH)-2009-10-21

RAJESH KUMAR Vs. STATE OF C.G

Decided On October 21, 2009
RAJESH KUMAR Appellant
V/S
STATE OF C.G. Respondents

JUDGEMENT

(1.) THE Appellants have preferred this criminal appeal under Section 374(2) of the Code of Criminal Procedure against the judgment dated 26.12.2001 passed in S.T. No. 237/99 whereby the learned Additional Sessions Judge, Mungeli, District Bilaspur has convicted the Appellants under Sections 341/34,302/34 & 302/34 of the I.P.C. and sentenced both of them to undergo S.I. for 1 month & R.I. for life imprisonment and to pay a fine of Rs. 1000/-, in default of payment of fine to undergo additional R.I. for 6 months on two counts for causing homicidal death of Gopal Giri & Parmeshwar Giri.

(2.) CASE of the prosecution, in brief, is that on 3.7.1999 around 9.00 p.m. complainant Chandra Sen Giri (PW-1) while going towards the house of his brother Ravi Sen (PW-7) saw the Appellants proceeding towards tank armed with axe & lance (barchi). In the same night around 9.45 p.m., Hemgiri (PW-4) told him that the Appellants have committed murder of Parmeshwar Giri & Gopal Giri near Dayali Bagicha. whereupon, they went to the place of incident and found both of them dead. Incident was witnessed by Hemendra Giri (PW-4) & Raghav Yadav (P W-10). Report of the incident was lodged by Chandra Sen Giri in the Police Out-post Pandatarai on the basis of which merg intimation of Ex. P-1 with respect to death of Parmeshwar Giri and Ex. P-2 for the death of Gopal Giri were recorded at about 00.30 hrs & 00.35 hrs on 4.7.1999. Thereafter, FIR of Ex. P-3 was recorded on 4.7.1999 at 00.45 hrs.

(3.) APPELLANT Rajesh was also sent for medical examination to Primary Health Centre, Pandatarai where Dr. Ashok Singh (PW-12) examined him and gave his medico legal examination report of Ex. P-25.