PRITINKER DIWAKER,J. - (1.) This appeal arises out of the judgment of conviction and order of sentence dated 12.1.2001 passed by the 7th Additional Sessions Judge, Raipur in ST No.39/2000 convicting each of the accused/appellants under Section 302, in the alternative 302/34, of IPC and sentencing them to undergo imprisonment for life and pay a fine of Rs.50,000/- with default stipulation.
(2.) As per prosecution case, deceased Pratap Singh was working in Sainik Transport, Gevra, Distt. Korba and also had a truck in the said company. Deceased/accused Jaikishan was also working in the said transport company alongwith the deceased, they used to live together at Gevra and he too had a truck in the said transport company. Further case of the prosecution is that deceased/accused Jaikishan had the knowledge that deceased Pratap Singh swas planning to go to Raipur with some money to deposit the same at Raipur. On 14.10.1999 deceased Pratap Singh came to Raipur carrying Rs.1.50 lacs cash with him. Deceased/accused Jaikishan also came to Raipur with accused/appellant Krishna Kumar and both these accused went to the room of Meera Hotel where the deceased was staying. It is the case of the prosecution that in the night intervening 14th and 15th October, 1999 when waiter of the hotel PW-11 Sandesh Kumar, as instructed by the deceased, knocked the door of the room of deceased Pratap Singh at about 2 in the night to wake him up, someone replied from inside "I have already woken up" and then he went back. However, at about 2.30 in the night when screams of someone came out from Room No.29, the hotel staff (PW-11 Sandesh Kumar, PW-3 Rajendra Prasad and PW-4 Jayendra) went to that room, door of the room was knocked at and then two persons staying in that room alongwith the deceased Pratap Singh, opened the door and pushing aside the hotel staff ran downstairs and by breaking open the glass door of the hotel fled from there. On said room being checked, Pratap Singh was found dead with a rope tied around his neck. Immediately thereafter information was passed on to the police by PW-3 Rajendra Kumar, Manager of the hotel, on which merg intimation Ex.P/10 was recorded on 15.10.1999 at 2.55 am. Soon thereafter FIR (Ex.P/11) was registered on 15.10.1999 at 3 am at the instance of PW-3 against two unknown persons under Sections 302/34 of IPC.
(3.) Inquest over the dead body was conducted on 15.10.1999 vide Ex.P/2 and thereafter the body was sent for postmortem which was conducted on the same day by PW-18 Dr. Ullas Gonnade vide Ex.P/30 wherein he noticed ligature mark around the neck, the tongue was protruded and bitten between the teeth, one linear contusion was there on the right forearm, eyes were slightly protruded. In his opinion the cause of death was asphyxia due to strangulation and the death was homicidal in nature.;