CAV JUDGMENT

Per NK Chandravanshi, J

1. Since both the above appeals arise out of same crime number and same sessions trial, they are heard together and are being decided by this common judgment.

2. Both the appeals have been preferred against judgment dated 21-12-2012 passed by the Sessions Judge, Kabirdham (Kawardha), CG in Sessions Case No. 42/2011, whereby the respondent No. 1 Uttam (of Acq. Appeal No. 76/2013) has been acquitted from the offences under Section 302 (twice) and Section 201 of the Indian Penal Code (hereinafter referred to as “IPC”) (twice) and appellant Panda Sahu (of Cr. A. No. 11/2013) has been convicted and sentenced as under :-

3. Facts of the case, in brief, are that on 7-1-2011, Bharat Janghel (deceased) and Meghnath Yadav (deceased)

had gone from their village Belgaon to village Kurva on motorcycle bearing Registration No. CG 04 CD 2331 to meet Gomukh and Anjor Sahu. When they did not return, then on 17-1-2011, missing report No. 01/2011, about them was registered in Rojnamchasanha (Ex. P-25-C) of PS Chhuikhadan, and later, on written complaint (Ex. P-26) made by Tokendra (P.W. 25), son of Bharat Janghel, FIR bearing Crime No. 36/2011 (Ex. P-26-A) was registered under Section 365 of IPC against unknown persons. Since no possibility of kidnapping was found by police, therefore, Closure report (Ex. P-27) was submitted. It is said that in respect of missing report of said persons, Gomukh Sahu and Anjor Sahu had been called by the police of PS Chhuikhadan and due to fear of being caught, in the intervening night of 5th - 6th of February, 2011, they i.e. Gomukh Sahu and Anjor Sahu committed suicide by consuming pesticides. In this regard, merg No. 3/2011 and 4/2021 were registered in PS Lohara, Distt. Kawardha and closure report Ex. P-27 was filed by the police.

3.1 During merg inquiry, on the basis of public discussion and information received from informant, cleaning of casing pipe of tube well situated in the agricultural field of appellant Panda Sahu was done on 5-3-2011, wherein pieces of rotten flash, hair, pieces of bones, pieces of clothes, etc. were recovered from casing pipe of tube well. Unnumbered merg report (Ex. P-28) and numbered merg (Ex. P-28A) were registered. Panchnama of place of occurrence Ex. P-6 and recovery memo of aforesaid articles vide Ex. P-8 and Ex. P-32 were prepared on 5-3-2011 by the police. Vide Ex. P-9-A, inquest report of body parts was prepared. PM report vide Ex. P-51/52 was received. Aforesaid articles recovered from casing pipe of tube well were found to be of deceased Bharat Janghel. On the basis of Merg report and PM report, FIR Ex. P-59 bearing Crime No. 57/2011 was lodged on 24-3-2011 against Gomukh and Anjor Sahu.

3.2 During investigation, appellant Panda Sahu on 6-4-2011 vide disclosure memo (Ex. P-33) disclosed that he along with Gomukh, Anjor and Uttam had murdered Bharat Janghel and Meghnath by means of axe and carpenter axe and after cutting the body of Bharat Janghel into pieces, they had put the pieces of dead body in casing pipe of tube well situated in the filed of appellant Panda Sahu and had buried dead body of Meghnath by keeping it in a sack, at Amalidih Khar beside Koelari Jhori (nala) near mangrove of Bodhi Sahu. He also disclosed that by damaging the motorcycle bearing No. CG 04 CD 2331 by separating its parts, the same has been buried in the Badi situated in the backyard of house of Uttam Sahu. On the basis of disclosure statement of appellant Panda Sahu, dead body of Meghnath and damaged motorcycle /parts thereof were recovered from above places. Dead body was identified as body of Meg