A conviction for murder is sustainable when eyewitness accounts, recovery of weapon, FSL report confirming human blood on seized articles, and electronic evidence (CDR) corroborating an extra-judicial confession consistently point to the guilt of the accused, leaving no room for reasonable doubt.

Judgment on Board

Per, Ravindra Kumar Agrawal, J.

1 Though the matter was listed for consideration on application for suspension of sentence and grant of bail, however, with the consent of parties, the matter has been heard finally.

2 The present appeal under Section 374 (2) CrPC has been filed by the appellant against the impugned judgment of conviction and order of sentence dated 17.08.2023 passed by First Additional Sessions Judge, Bemetara, in Sessions Trial No.18/2023 whereby the appellant has been convicted for the offence under Section 302 IPC (on two counts) and sentenced to undergo Rigorous Imprisonment for life with fine of Rs.2000/- (in two counts), upon failure to pay which, additional RI for two months (in two counts).

3 Brief facts of the case are that, on 24.03.2023 the complainant Mohan Yadav, PW-1, gave a merg intimation to the police that his son Ajay informed him that appellant is assaulting deceased Vinod Yadav by Danda near the house of Panchu Nishad at Dehri road. When the went on the spot, he found the deceased Vinod Yadav lying unconscious near the house of Panchu Nishad and also found another deceased Suresh Dhurve having injury on his head who was being taken to hospital where he was declared dead. With respect to injured Suresh Dhurve, merg intimation Ex.P/1 and with respect to injured Vinod Yadav, merg intimation Ex.P/2 was recorded by the police. Inquest of dead body of deceased Suresh Dhurve Ex.P/5 and inquest of dead body of deceased Vinod Yadav Ex.P/6 were prepared in presence of witnesses and both the dead bodies were sent for postmortem to Community Heath Centre, Saja, where PW-25, Dr. Vinay Kumar Patil conducted postmortem of the dead bodies and gave his report Ex.P/27 with respect to deceased Vinod Yadav and Ex.P/28 with respect to Suresh Dhurve. While conducting postmortem of the dead bodies of the deceased, he noticed multiple lacerated and stab injuries on the bodies of both the deceased persons including fracture of skull bone and opined that cause of death is hemorrhagic shock as a result of head injury, manner of death is unnatural (manner of causation of injury is consistent with those injuries observed in homicidal cases. With respect to nature, mode and cause of death of both the deceased persons, the doctor opined the similar findings on the basis of the postmortem finding. FIR Ex.P/7 was registered against the appellant for the offence under Section 302 IPC. Spot map Ex.P/8 was prepared by the police and P/9 by the Patwari. One motorcycle of deceased Vinod Yadav, motorcycle of deceased Suresh Dhurve, motorcycle of appellant Badri Yadav, three pairs of Chappal, one keypad mobile phone of deceased Suresh Dhurve, one touch screen mobile phone of deceased Vinod Yadav, mirror of motorcycle and one pointed iron pipe were seized from spot vide seizure memo Ex.P/11. The registration certificate of motorcycle of deceased Suresh was also seized vide Ex.P/10. Bloodstained and plain soil was seized from the place where dead bodies of deceased were lying vide seizure memo Ex.P/12. The chappals were identified by the witnesses to be of deceased persons Vinod Yadav and Suresh Dhurve and one pair of Chappal of Panchu Nishad and identification Panchnama Ex.P/14 was prepared. Numbered FIR Ex.P/23, P/24 and P/25 were registered. The appellant was arrested on 25.03.2023 and his memorandum statement Ex.P/19 was recorded. Based on his memorandum statement, one bloodstained Danda was seized vide Ex.P/20. Bloodstained shirt and jeans pant of the appellant was seized vide Ex.P/21. The iron pipe was seized from the spot, Danda seized from appellant were sent for its query report to doctor who gave his query report Ex.P/29 and opined that injuries found on the dead body of deceased persons could have been caused by the said weapons. He referred the said weapon for its chemical examination. The seized articles were sent for its chemical examination to FSL Raipur. The shirt and jeans pant of appellan