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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

CRA No. 38 of 2012

1. Jaya Naykar W/o Mohan Naykar, aged about 34 years,

Occupation Hotel, R/o Adivasi Nagar Chhavni Basti, Jamul,

District Durg C.G., Permanent Address- R/o 32AIKAD, Housing

Board Jamul, Bhilai, District Durg (C.G.)

2. Chandan Sao S/o Rajendra Sao, aged about 26 years,

Occupation – Oil Seller, R/o G- Kebin Charoda , Near Lingaraju

House , Distt. Durg C.G.

3. Narendra Singh @ Tote, S/o Amrik Singh, aged about 40 years,

Occupation-Driver, R/o Near Kemp-2, Bhilai Publik School,

Chhawani Distt. Durg. C.G. At present Present R/o Bombay,

Aawas, Jamul Distt. Durg C.G.

---- Appellants

Versus

1. State Of Chhattisgarh, P.S. Khursipar, District Durg (C.G.)

---- Respondent

And

CRA No. 223 Of 2012

1. Raja Naykar S/o Ganesh Naykar, aged about 32 years, R/o 32

Akar Housing Board, Jamul, Atal Aavas Bhilai Distt. Durg C.G.

---- Appellant

Vs

1. State Of Chhattisgarh Through - P.S. Khursipar , Distt. Durg C.G.

---- Respondent

For Appellants.

-

Shri B.P. Rao, Smt. Kiran Jain and Shri

Atanu Ghosh, Advocates.

For Respondent No.

-

Shri Ajit Singh, PL.

Hon'ble Shri Justice Pritinker Diwaker

Hon'ble Shri Justice Inder Singh Uboweja

Order On Board by Pritinker Diwaker, J

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/07/2015

As these appeals arise out of judgment dated 23.11.2011 passed by

Additional Sessions Judge, Durg in S.T. No. 14/2010, they are disposed of

by this common judgment.

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Accused/appellants Jaya Naykar, Chandan Sao and Narendra Singh

alias Tote have been convicted under Section 201 read with 120-B whereas

accused/appellant Raja Naykar has been convicted under Section 302, 201

read with 120-B IPC. Accused/appellants Jaya Naykar, Chandan Sao and

Narendra Singh alias Tote have been sentenced to undergo RI for five years

with fine of Rs. 1000 each whereas accused/appellant Raja Naykar has

been sentenced to undergo imprisonment for life with fine of Rs. 5000 u/s

302 and RI for five years with fine of Rs. 1000 under Section 201/120-B IPC.

3.

Name of the deceased is Shiva alias Sanwar. It is alleged that

one Mohan – the husband of accused/appellant Jaya and brother of

accused/appellant Raja was killed by deceased Shiva alias Sanwar

and as its offshoot, on 21.10.2009 at about 12 midnight, accused Raja

Naykar committed the murder of the deceased by causing 24 stab

wounds on his body. He then wrapped the body in a blanket with the

help of other accused persons, took it behind Baba Balak Nath temple

near Shastri Nagar ground where the half burnt body was found in the

afternoon of 21.10.2009. Based on the information given by one

Pramod Kumar (PW-3), merg intimation Ex. P-33 was registered on

that very day against the unknown persons. Postmortem examination

on the body of the deceased was conducted on 23.10.2009 by Dr.

Ullhas Gonnade (PW-11) who noticed as many as 24 injuries on it.

According to the doctor, after commission of murder the body of the

deceased was burnt and the death was homicidal in nature. From the

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body of the deceased one electricity bill in the name of Alakh Verma

was found and based on that the police proceeded further with the

investigation. In pursuance of disclosure statements of the

accused/appellants seizure was effected and the police came to the

conclusion that deceased was murdered by accused Raja Naykar and

that with the help of others the body was taken to the Baba Balak Nath

temple where an attempt was made to burn it.

4.

Prosecution has examined 18 witnesses to bring home the guilt

of the accused/appellants. Statements of the accused/appellants were

also recorded under Section 313 Cr.P.C. in which they denied the

charges levelled against them and pleaded their innocence and false

implication in the case.

5.

After hearing the parties, the trial Court has convicted and

sentenced the accused/appellants as mentioned above.

6.

Learned counsel appearing for the appellants would submit as

under:

(i)

that the body of