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2017 Supreme(Chh) 6

PRASHANT KUMAR MISHRA, ANIL KUMAR SHUKLA
Ram Adhin @ Ramdin @ Charaka – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates Appeared:
For the Petitioner: Shri Vishnu Koshta.
For the Respondent: Shri Majid Ali.

JUDGMENT :

Prashant Kumar Mishra, J.

1. The appellant has preferred this appeal against his conviction by the trial Court under Sections 302 and 201 of the Indian Penal Code ('the IPC' in short) and sentence of life imprisonment and five years R.I. respectively for committing the murder of Shyamkaran (since deceased).

2. According to the prosecution, the deceased was working as Fire Watcher in the Forest Department. On 09.09.2003 the villagers were celebrating Karma Festival, therefore, the deceased, like other villagers, had gone to meet the fellow villagers, but he did not return his house. He could not be traced on 10.09.2003 also. The first informant Jagdish Prasad was informed by one Surendra that he has seen a dead body in the knee deep water of a nearby dam. Jagdish went towards the dam along with Shyamdhar Yadav, Krishna Kumar & Satyanarayan to witness that it was the dead body of Shayamkaran. It is also mentioned in the FIR (Ex- P/16) that the wrist watch of the deceased was misplaced about 8 months back, which was found in possession of appellant's wife. On 06.09.2003 one Urmila had brought back the wrist watch and handed over the same to the wife of the deceased. Due to thi









































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