Decided on May 09,2003

STATE OF C.G. Respondents


L. C. BHADOO, J. - (1.)Appellants Laloo Yadav and Ram Prasad Thakur Gond have preferred this appeal being aggrieved by the judgment dated 4-7-2002 passed by learned Second Additional Sessions Judge, Durg in Sessions Trial No. 305/2001 by which learned Additional Sessions Judge after holding the accused/Appellants guilty under Section 302 of the IPC sentenced both of them to undergo imprisonment for life.
(2.)The relevant prosecution story for the disposal of this criminal appeal is that on 27th June 2001 at 10.50 in the night one Ramji Thakur reported the matter to the police station-Bhilai that at about 9.30 in the night after taking dinner he was sitting in his house, at that time Sanju Paul and Rajkumar came and informed him that the accused persons have assaulted your son Raju Chukiya by iron rod and murdered him, body of Raju is lying on the corner of the road. On receiving this information he went to the seen of occurrence and saw that Raju was lying dead. The accused persons had murdered him on account of animosity. This report (Ex.P/1) was registered by Sub Inspector S.K. Pandey (P.W. 5). The Investigating Officer gave notice (Ex. P/3) to the witnesses and prepared Panchayatnama (Ex. P/4) of the body of the deceased. He took into possession the simple soil as well as blood smeared soil from the seen of occurrence through Ex. P/6. On 28th June 2001 the Investigating Officer took into possession one full sleeve check shirt, one sando baniyan, full pant smeared with blood and mud from the accused Ram Prasad through Ex.P/7. On the same day the police took into possession the clothes of the accused Laloo Yadav, one half T-shirt, one pajama which were smeared with blood and mud through Ex.P/8. On the same day on the information of Ram Prasad the Investigating Officer took into possession the iron rod through Ex.P/9 which was 33 inch in length and 1.75 inch in width and another iron rod were recovered through Ex.P/10 at the instance of Laloo Yadav which was 47.5 inch in length and 1.5 inch in width. Based on the memo of Laloo Yadav (Ex.P/11) and Ram Prasad (Ex.P/12) the dead body was sent for postmortem through Ex.P/18. Dr. S.P. Kesharwani after conducting the postmortem sent report Ex.P/19. The clothes of the deceased were taken into possession through Ex.P/20 and after completion of the investigation the challan was filed.
(3.)Learned Additional Sessions Judge framed the charges under Section 302 of the Indian Penal Code, 1860. The prosecution examined in all 9 witnesses. The statements of the accused persons were recorded in which they denied the evidence of the prosecution witnesses and after hearing arguments of learned Counsel for the accused/Appellants and the Public Prosecutor, learned Additional Sessions Judge passed the impugned judgment.

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