AKHILESH VISHWAKARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard. This criminal appeal preferred by the appellants under Sec. 374 (2) of the Code of Criminal Procedure is directed against the impugned judgment dtd. 20/01/2020 passed by the Fifth Additional Sessions Judge, Ambikapur, District-Surguja, C.G. in Sessions Trial No.21/2017 whereby Akhilesh Vishwakarma (A/1) & Ramesh Dewangan (A/2) have been convicted and sentenced as under:- <IMG>JUDGEMENT_126_LAWS(CHH)1_2024_1.JPG</IMG> Whereas Ramesh @ Guddu Vishwakarma (A/3) and Usha Vishwakarma (A/4) have been convicted under Sec. 201/34 of IPC and sentenced to undergo R.I. for 3-3 Years and fine of Rs.1000.001000/-, in default of payment of fine 1-1 month additional R.I.

(2.) The prosecution case, in brief, is that the dead body of deceased Karamdev Vishwakarma was found on 30/10/2016 at a place known as Kawalpara. Gaurishankar Vishwakarma (PW-2), who lodged the report stated that his uncle, the deceased, went to recover his dues of loan on 29/10/2016 and did not return back. Thereafter, the dead body was subjected to postmortem and it was reported that the death was homicidal in nature and the accused persons were apprehended as they had a monetary dispute in between them. The allegation was that the deceased had advanced money to the accused persons and was demanding it back. The accused having enraged by such demand hatched a plan, called the deceased to a particular place, consumed liquor and thereafter caused the suffocation by muffler and by assault on his abdomen by a screwdriver. The prosecution based its case on last seen theory as also recovery of the articles and extra judicial confession.

(3.) During the course of trial, the prosecution examined as many as 20 witnesses and exhibited 59 documents. The learned Sessions Judge after evaluating the facts & evidence convicted and sentenced the accused persons as aforesaid. Hence this appeal.