BABLE @ GURDEEP SINGH Vs. STATE OF CHATTISGARH

JUDGEMENT

(1.) The present appeal is directed against the judgment of the High Court of Judicature at Chattisgarh at Bilaspur dated 15th November, 2006 wherein the High Court maintained the judgment of conviction and order of sentence passed by the learned Fourth Additional Sessions Judge, Durg, Chattisgarh, convicting the appellants for an offence under Section 302 read with Section 34 of the Indian Penal Code, 1860 (for short 'IPC') and awarding life sentence to them. Though there were three accused before the trial court, the present appeal has been preferred only by appellant/accused No.1, Bable @ Gurdeep Singh. While impugning the judgment under appeal, the learned counsel appearing for the appellant has, inter alia, but primarily raised the following arguments:

(2.) Before we proceed to deliberate upon the legal and factual aspects of the case with reference to the arguments advanced, it would be necessary to refer to the case of the prosecution in brief.

(3.) On 14th May, 1999 at about 10.15 p.m., when Tariq Shakil, PW1, was sitting in his S.T.D.-P.C.O. shop situated at New Kursipur, Gurunanak Chowk, one Guddu @ Jiten Soni, PW12, came there and informed PW1 that the accused Sardar Bable is quarrelling with Ishwari Verma in front of his shop. Upon hearing this, PW1 closed his shop and went along with PW12 to the place of occurrence. The accused Bable was carrying a sword in his hand and was running towards them. Being frightened, both of them went towards a street. After sometime, there was a noise that the accused Bable had caused injuries to Ishwari Verma and the said victim was lying in injured condition. He was removed to BSP Hospital, Sector 9, by his uncle Balwant Verma, PW14, where he was admitted. Dr. A.D. Banerjee, PW2, had examined him and declared him brought dead. A written report in this regard was prepared being Ex.P5. The matter was reported to Bhilai City Police Station. Even a telephonic message was sent. Sub-Inspector, Suresh Bhagat, PW10, posted at that Police Station registered the case under Section 174 Cr.P.C., Ex.P-22. On the same day at about 12.15 a.m. in the night, PW1 got the First Information Report (FIR), Ext.P-1, of the incident registered at Police Station Kursipur and a case under Section 302 IPC was registered. The Investigating Officer, Sub-Inspector P.N. Singh, PW13 took up the investigation and went to the site. He prepared the site plan, Ex.P14, seized blood-stained earth, plain earth and a piece of chain of the watch and for that he prepared a seizure memo Ex.P-20. He also prepared the inquest report vide Ex.P4, in presence of the Panchas. The post mortem examination of the body of the deceased was performed by Dr. S.R. Surendra, PW5 at 11.30 a.m. on 15th May, 1999. The post mortem report was submitted vide Ext.P-8 which noticed the following injuries on the body of the deceased: -