JUDGMENT :

SANJAY KAROL, J.

1. On 01.10.2003, Umesh Chowdhary, a resident of village Chitarpur falling within the territorial limits of Police Station Dhaurpur District was allegedly murdered by accused Pradeep Kumar (Appellant No. 2 in CRA No. 940 of 2004) before the High Court Chhattisgarh, Bilaspur and Bhainsa alias Nandlal (Appellant No. 1. before the High Court in the very same appeal) in relation to which FIR No. 126/03 (Ex.P-6) was registered at Police Station Dhaurpur.

2. On 02.10.2003, Investigation Officer, I. Tirkey (PW-19) commenced investigation and after verifying the place of occurrence sent the dead body for post-mortem analysis which was conducted by Dr. Kamlesh Kumar (PW-14) in terms of his report (Ex.P-10). Investigation revealed that the crime was committed on account of animosity which the Appellant was harbouring against the deceased. The motive being the former’s desire to use the shop in possession of the deceased in village Chitarpur.

3. The Trial Court, based on the extra judicial confessional statement (Ex.P-11) of accused Pradeep Kumar made in the presence of Ramkripal Soni (PW-1) and Gopal Yadav (PW-7), the depositions of Gajadhar Chowdhary (PW-10) father o