- (1.)Challenge in this appeal is to the judgment of conviction & order of sentence dated 16-1-2003 passed by the 3rd Additional Sessions Judge, Raipur in Sessions Trial No. 183/2002, whereby & whereunder learned Additional Sessions Judge after holding the appellants guilty for causing the homicidal death of Kuleshwar amounting to murder & concealing the evidence of criminal case, convicted the appellants under Sections 302 & 201 of the I.P.C. and sentenced each of them to undergo imprisonment for life & pay fine of Rs. 10,000/- and to undergo R.I. for five years & pay fine of Rs. 1,000/-, in default of payment of fine on both counts to further undergo R.I. for four months, respectively.
(2.)Judgment is impugned on the ground that without any credible and clinching evidence the Court below has convicted & sentenced the appellants as aforementioned and thereby committed illegality.
(3.)Case of the prosecution, in brief, is that Kuleshwar (since deceased) was having illicit relation with the wife of appellant No. 1 Govind Lai. Previously, Kuleshwar was working as servant in the house of appellant No. 1 Govind and when the fact that Kuleshwar was having illicit relation with his wife, came to the knowledge of Govind, Govind removed Kuleshwar from service, but even thereafter, Kuleshwar continued to visit the house of appellant Govind especially, in the absence of Govind. On the fateful day of 5-3-2002 at about 7 p.m. deceased Kuleshwar came to the house of appellant No. 1 Govind, Kuleshwar was in drunken state, son of appellant No. 1 Govind namely, Hariram was present in the house, Kuleshwar asked about the appellant & his wife. After some time at about 8.30 p.m. Kuleshwar again came to the house of appellant No. 1 Govind by jumping the wall and started shouting, Govind tried to remove Kuleshwar from his house, appellant No.2 Bhaktu Ram was standing outside the house and some how, Govind succeeded in ousting Kuleshwar from his house. Again at about 10.30 p.m. Kuleshwar knocked the door of Govind, Govind opened the door on which Kuleshwar abused him, Govind dragged Kuleshwar inside his room and called co-accused Bhaktu inside the house. Thereafter, Govind along with Bhaktu tied the neck of Kuleshwar with a rope (kasda used for cattle) and caused his death by strangulation. Govind along with Bhaktu took the dead body of Kuleshwar on their shoulders and thrown in the field of Sanatram Verma, thereafter, they went to see the programme. On 6-3-2002, dead body of Kuleshwar was found in the field of Sanatram Verma. Beniram Verma (PW-11) informed Ramprasad (PW-2) that one dead body was lying in the field of Sanat on which Ramprasad along with other persons went to the filed and identified the dead body as the dead body of Kuleshwar, nephew of Ramprasad (PW-2), whereupon Ramprasad went to the Police Station and lodged merg vide Ex.P-20. Dehati Nalishi was recorded vide Ex.P-22. Registered merg was recorded vide Ex.P-24 and finally, registered F.I.R. was lodged vide .Ex.P-25.