Decided on September 09,2003

Harishankar @ Sanjay Appellant


L.C.BHADOO, J. - (1.)THE accused/appellants have preferred this criminal appeal under Section 374(2) of the Cr.PC being aggrieved by the judgment dated 27-12-2001 passed by the 5th Additional Sessions Judge, Bilaspur in ST. No. 267/2001 by which the learned Additional Sessions Judge after holding the accused/appellants guilty of the offences punishable under Sections 302 read with Section 34 and 201 read with Section 34 of the IPC sentenced them to undergo imprisonment for life and to pay a fine of Rs. 1,000.00 each, in default of payment of fine to further undergo R.I. for 1 month each and to undergo imprisonment for 1 year and to pay a fine of Rs. 100.00 each, in default of payment of fine to further undergo R.I. for 1 month each respectively.
(2.)THE prosecution case, in brief is that on 16-2-2001 Bhagwati Prasad (P.W. 2) gave merg intimation to the Police Station, Ratanpur to the effect that a dead body of an unknown person was lying on the road of Khutaghat Dam. On receiving this report G.S. Rajput (P.W. 17), Assistant Sub Inspector registered the merg intimation No. 672001 (Ex. P-2). After registering this intimation he reached the scene of occurrence, prepared Panchnama (Ex. P-4) of the dead body and on the advice of the Panchas the dead body was sent to Government Hospital, Ratanpur under Ex. P-19 for post-mortem examination, and in the presence of the witnesses he seized the plain soil and blood stained soil under Ex. P-5. On 17-2-2001, a sealed packet of clothes of the deceased was seized under Ex. P-26 which was produced by the sweeper of the hospital. The site map (Ex. P-28) was prepared. The identification of the dead body was got done on the basis of missing report registered at Police Chowki, Kumhari, Bhilai regarding missing of Harideo Mishra. In the missing report it was stated that Harideo Mishra went along with driver Harishankar @ Sanjay and helper Lakheshwar @ Lakhoo in his truck bearing registration No. M.P.-23D/4362. According to the prosecution, on the intervening night of 15/16 February, 2001 deceased Harideo Mishra along with truck driver Harishankar @ Sanjay and helper Lakheshwar @ Lakhoo started for Durg from Dhelwadih after loading coal from Dhelwadih Colliery and during the night, at the scene of occurrence, both the accused persons committed, the murder of Harideo Mishra by first assaulting him with an iron road and thereafter crushing his body under the tires of the truck. During the investigation, while in police custody accused Harishankar @ Sanjay gave memorandum (Ex. P-7) and in pursuance of the said memorandum he produced the documents of the truck, iron rod and the clothes of the deceased stained with blood. While in custody, accused Lakheshwar @ Lakhoo also gave memorandum (Ex. P-15) and in pursuance of that memorandum he got recovered one bag containing the clothes and one jack rod from the hill of Khutaghat Dam. The clothes were seized under Ex. P-16.
(3.)AFTER completion of the investigation the accused persons were got identified by Sushila Mishra (P.W. 7) wife of the deceased before the Tehsildar/Executive Magistrate. The clothes of the deceased were also identified by Sushila Mishra before the Tehsildar/Executive Magistrate. The seized articles were sent for chemical examination and from the chemical examiner the report (Ex. P-25) was received. After completion of the investigation the charge-sheet was filed against the accused/appellants in the Court of Chief Judicial Magistrate, Bilaspur who in turn committed the case to the Sessions Court, Bilaspur, from where the learned 5th Additional Sessions Judge received the case on transfer.

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