PRALAY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since all the appeals arise out of a common judgment, they are heard and decided together.

(2.) The appeals are directed against the judgment dtd. 14/5/2015 passed by 2nd Additional Sessions Judge, Raigarh in Sessions Trial No.48 of 2014, whereby all the Appellants have been convicted and sentenced as under: <FRM>JUDGEMENT_81_LAWS(CHH)2_2022_1.html</FRM>

(3.) Names of the deceased persons are Ratnibai and Keshav Ranjan. Both were residing in Stationpara, Village Kotraliya. Case of the prosecution is that the deceased persons had got constructed a residential premises in which they were living and were also giving other rooms of that premises on rent. The incident occurred in the intervening night of 19th and 20th of August, 2013. 15 days prior to the incident, Appellant Ravi alias Rinku alias Ravishankar had taken one room on rent from the deceased persons telling them that he was doing business of selling of bangles along with co-accused persons. In the intervening night of 19th and 20th of August, 2013, all the Appellants/accused persons looted ornaments worn by deceased Ratnibai on her body and cash and mobile phone of Micromax company kept in the pocket of deceased Keshav and caused their murder. Further case of the prosecution is that the ornaments and cash kept in the almirah of the deceased persons were also looted. Thereafter, all the accused persons tied the bodies of the deceased persons with saree and stone and threw their bodies in the well situated in the residential premises of the deceased persons. Pradeep Kumar Chouhan (PW1), nephew of the deceased persons saw the dead body of deceased Ratnibai in the said well on 20/8/2013 at about 2 p.m. Then he lodged morgue intimation (Ex.P1). In the evening of 20/8/2013, police officials reached the spot. Darkness had taken place at that time and, therefore, the dead body of Ratnibai was not taken out from the well. On 21/8/2013 at about 8 A.M., after taking out the dead body of Ratnibai, when again hook was thrown into the well, dead body of Keshav was found. Thereafter, Dehati Morgue Intimation (Ex.P2) was lodged by Pradeep (PW1). Inquest proceedings of the dead bodies of Ratnibai and Keshav were conducted vide Ex.P5 and P6, respectively. Post mortem of the dead bodies was conducted by Dr. Ratna Manik Meshram (PW6). Post mortem reports are Ex.P27 and P28. Cause of death of the deceased persons was asphyxia due to throttling. During the course of investigation, on the basis of disclosure statements of the Appellants, looted articles and mobile phone of deceased Keshav were seized from the Appellants. Seized articles were identified by Pradeep (PW1), Sitadevi (not examined) and Kumari Chouhan (PW13) vide identification memo (Ex.P12). On 12/11/2013, test identification parade of the Appellants was also conducted vide Ex.P11 upon which they were identified by the witnesses. Statements of the witnesses were also recorded under Sec. 161 Cr.P.C. On completion of the investigation, a charge-sheet was filed. The Trial Court framed the charges.