This is an appeal filed under section 374(2) of the Code of

Criminal Procedure (Cr.P.C.) questioning the judgment passed by learned

Signed by: PARITOSH

KUMAR

Signing time: 12/20/2022

5:19:23 PM

Signature Not Verified

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Special Court (Atrocities), Panna in Special Case No.01/2010 dated

10.3.2011 whereby the appellant was held guilty for committing offence

under Section 302 and 201 of Indian Penal Code (IPC) and directed to

undergo life imprisonment with fine of Rs.1,00,000 with default

stipulation.

Factual background :

2.

As per the prosecution story, on 09.10.2009, Shyambihari, son of

Ramdeen Gond lodged a missing report in Police Station Brijpur that his

father is missing from 07.10.2009. Missing report was lodged at No.8/09

and Head Constable Kamlesh Singh was directed to investigate the

matter. During investigation, witnesses Chandan Gond stated that Jagga

@ Jagprasad and Ramphal Lodhi may be involved in commission of

crime. At this stage, further investigation was handed-over to SHO,

Police Station, Brijpur i.e. Shri Udaybhan Singh. During investigation,

appellant Ramphal Lodhi was interrogated by police and in turn, he

informed that he alongwith his companions viz. Jagga @ Jagprasad,

Mahesh, Chintaman and Ramvishwas Lodhi killed Sarpanch Ramdeen

Gond in the night of 09.10.2009 at around 10-11 O’clock. He further

informed that Ramdeen had illicit relation with wife of Ramvishwas i.e.

Smt. Ramkali because of which there was serious grievance in Lodhi

community. After murdering Ramdeen Gond, they tied his body with

stones and thrown the body in a well.

3.

On the basis said information furnished by appellant, the police

with the help of villagers recovered the body of deceased from a well

situated in the land of a villager namely Dadna Lodh. The dead body was

Signed by: PARITOSH

KUMAR

Signing time: 12/20/2022

5:19:23 PM

Signature Not Verified

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identified by Samar Bahadur (PW15) and Shyambihari (PW18). The

police registered the crime for committing offence under Sections 302

and 201 read with 34 of IPC alongwith Section 3(2)(v) of Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The

Panchayatnama of the dead body was prepared. The post mortem report

was obtained. Another Panchnama of recovery of dead body from well

was prepared. To show that the well belongs to Dadna Lodh, another

Panchnama was prepared. The ‘site map’ was also prepared and sample

of water of said well was seized. Appellant was arrested. During the

course of investigation, certain other recoveries were made from other co-

accused persons. After completion of investigation, challan was filed. In

turn, the matter was committed to the Special Court. All the accused

persons abjured their guilt and prayed for conducting a full-fledged trial.

4.

The Court below framed three questions for its determination.

After recording evidence and hearing the parties, the impugned judgment

was passed whereby except appellant all other accused persons were

acquitted.

Submission of counsel for the appellant :

5.

Shri Surendra Verma, learned counsel for the appellant submitted

that although the judgment is running in 55 pages and is pregnant with 86

paragraphs, the singular material point for determination of this Court is

whether appellant can be held guilty solely on the basis of recovery of

dead body at the instance of appellant. Heavy reliance is placed on para-

80 to 82 of the impugned judgment to bolster the submission that

appellant was held guilty on the singular reason that he informed the

police regarding dead body of Ramdeen in the well of Dadna Lodh. No

Signed by: PARITOSH

KUMAR

Signing time: 12/20/2022

5:19:23 PM

Signature Not Verified

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other circumstance or chain of circumstances were established. In

absence thereof, the Court below has erred in basing its judgment solely

on the said ground.

6.

Ex.P/23 is a memo prepared under Section 27 of the Indian

Evidence Act, 1872 (Evidence Act). Samar Bahadur (PW15) and

Shyambihari (PW18) are