Decided on November 17,2016

Rikhiram Appellant


- (1.) The instant case is filed against the order of the Chhattisgarh High Court maintaining the conviction of the appellant under Sections 302, 342 and 454 of the Indian Penal Code (IPC).
(2.) The facts in brief involved in the instant appeal are that on 14.09.2006, at the instance of Ved Prakash (PW-1), son of Ghasnin Bai, Dehati Nalisi (Exhibit No. 1) was recorded at Police Station Pandri, District Raipur, alleging that on the date of incident when his father had gone to attend his duties in Electricity Department, his tenant Virendra Kumar Devagan (one of the accused), who was residing in another sided house of Ghasnin Bai (hereinafter referred to as 'deceased'), came and told his mother (the deceased) that some prospective tenants had come to contact her in respect of her different sided house and the deceased went along with him. It is alleged that 15 minutes thereafter, Virendra again came to him (PW-1) and demanded Rs.50/- on credit and asked him to arrange money from his mother and took him to the nearby room wherein the said accused Virendra was then residing on rent. On reaching the said room, he saw his mother lying on a cot drenched with blood and there was an injury on her head. It is alleged that certain ornaments worn by his mother were missing and that along with said Virendra, one Dipak, accused Rikhiram and one other boy were also there who tied him (PW-1) with a Bench and after bolting the door from outside they left the spot. After some time, he somehow managed to set himself free and raised cries from the window. Thereafter, one boy Kaushal (PW-3) came there and took him out and when he went to his room, all the four persons had fled away from the spot. He found the almirah of his room open and Rs. 45,000/- were missing from it. It is thus alleged that accused persons have committed loot of the cash amount as well as the ornaments. He then called his neighbour Gangadhar (PW-6). Post mortem examination on the body of the deceased was conducted on 15.09.2006 by Dr. Shiv Narayan Manjhi (PW-12) who gave his report (Ex. P-6) opining the cause of death as shock due to hemorrhage as a result of head injury and that the death was homicidal in nature. Based on this Dehati Nalisi, offences under Sections 307 and 394 IPC were registered against accused Virendra Devagan, Dipak Devagan, Rikhiram Devagan and others. After death of the deceased, FIR (Ex. P-33) was registered against them. Memoranda of accused were recorded vide Ex.P-21 to P-23. Seizure from all the three accused was made vide Ex.P-25, P-26 and P-27 by which cash of Rs.2000/- and silver anklets were seized. These articles were, however, not identified by anyone. After completion of investigation, charge sheet was filed on 23.11.2006 against the accused persons for the offences under Sections 307, 394, 302 and 396 IPC. Court below, however, framed the charges against them under Sections 147, 148, 395, 396, 450, 302, 342/149 IPC.
(3.) In support of its case, prosecution had examined 20 witnesses. Statements of the accused persons were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the charge levelled against them and pleaded their innocence and false implication in the case.;

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