JUDGMENT :

Deepak Kumar Tiwari, J.

1. This criminal appeal preferred by the appellant under Section 374(2) of the Cr.P.C. is directed against the impugned judgment dated 27.1.2021 passed by the learned Second Additional Sessions Judge, Jagdalpur, District Bastar (CG) in Sessions Case No.15/2018, whereby, he has been convicted for the offence under Section 302 of the IPC and sentenced to undergo imprisonment for life and pay fine of Rs.2000/-, in default, to further undergo R.I. for 3 months.

2. Case of the prosecution is that Lachhindar Baghel S/o late Shivnath Baghel is the cousin brother of deceased – Lachhindar Baghel S/o late Jhimtu Baghel. As per the merg information lodged by Lachhindar Baghel S/o Shivnath Baghel on 1.10.2017 at 13:15 hours at Police Station Kondenar, the job of the deceased was to issue ticket to the shopkeepers in the weekly Barupata market. On 30.9.2017, at 2.30 p.m., the deceased had gone to the said weekly market on his cycle but when he did not return till late evening, a search was made on 1.10.2017 in the morning and thereafter, it was informed by the son of the deceased - Dharmu Baghel (PW-2) that some unknown persons have killed his father near the nursery. The cycle of the deceased was also lying near the dead body and the injury was caused by a sharp weapon on his neck. Sub Inspector - Vimal Vatti (PW-18) has registered the First Information Report against unknown persons vide Ex.P/2; spot map was prepared vide Ex.-P/3; and Naksha Panchnama was prepared vide Ex.P/6. From the son of the deceased, a box of mobile hand set and an old SIM card were seized vide Ex.P/7, blood stained and plain soil were seized vide Ex.P/8; and cycle and other articles of the deceased were seized vide Ex.P/9. During investigation, it has been revealed that the deceased used to practice witchcraft by which he killed the brother of co-accused Sonsingh Baghel and he also used to harass co-accused Chandruram, therefore, these two coaccused persons hired the present appellant – Farsuram Kashyap and co-accused Rajman Baghel by paying them an amount of Rs.1 lakh. During investigation, the Police recorded the memorandum statements of the accused persons and on the basis of the memorandum of the present appellant, the mobile of the deceased was recovered vide Ex.P/19. Further, the appellant also disclosed that he had thrown the knife in Nainkur Matkot pond near the mud road, which has been recovered vide Ex.P/20. In the postmortem report – Ex.- P/27, Dr. Pradeep Baghel (PW-16) has opined that the death was homicidal in nature and that the injuries which have been inflicted upon the deceased could be caused by the knife, which has been recovered from the appellant vide Ex.P/28. The call details have been collected vide Ex.P/36 and the FSL report of the knife has been exhibited as Ex.P/45, in which, human blood has been found.

3. After completion of the investigation, the charge sheet has been filed. The appellant and other co-accused abjured their guilt and claimed to be tried. The prosecution in order to bring home the offence, examined as many as 20 witnesses and exhibited 45 documents. The statements of the appellant and other five accused persons namely Dharamsingh Nayak, Rajman Baghel, Suknath Nag, Sonsingh Baghel and Chandruram @ Chanduram were recorded under Section 313 of the Cr.P.C., in which, they pleaded innocence and false implication and they have not adduced any defence evidence.

4. The trial Court after completion of trial and upon appreciation of oral and documentary evidence on record, by the impugned judgment, acquitted the five other accused persons - Dharamsingh Nayak, Rajman Baghel, Suknath Nag, Sonsingh Baghel and Chandruram @ Chanduram from the charges levelled against them under Sections 148, 302/149, 201/149, 120-B of the IPC and Sections 4, 5 of the Chhattisgarh Tonahi Pratadna Adhiniyam, 2005 and the present appellant has also been acquitted from the charges under Sections 148, 201/149,120-B of the IPC a