CHETANLAL Vs. STATE OF C G

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction & order of sentence dated 29-8-2001 passed by the 3rd Additional Sessions Judge, Durg in Sessions Trial No. 103/2001, whereby & whereunder learned Additional Sessions Judge after holding the Appellant guilty for commission of culpable homicide amounting to murder of Gendlal, convicted the Appellant under Section 302 of the I.P.C. and sentenced him to undergo imprisonment for life.

(2.) Conviction is impugned on the ground that without any iota of evidence, the trial Court has convicted & sentenced the Appellant and thereby committed illegality.

(3.) As per the case of the prosecution, Appellant Chetanlal and his brother Gendlal (since deceased) were residing in same house at village Kharra, Police Station Gunderdehi, Distt.Durg in different portions. Fifteen days prior to the date of incident, wife of the Appellant had left the house of the Appellant. The Appellant was having suspicion upon Gendlal that he had played active part in his family affairs. The Appellant had gone for search of his wife but she was not traceable. On the fateful day of 14-6-2000 he came back to his house and at about 5 a.m. while Gendlal was sleeping in his verandah and his sister-in-law Leela Bai (PW-2) was cleaning pots in the courtyard of same house, he took out a big size stone and overthrown it upon the head of Gendlal and caused fatal injuries. Wife of Gendlal namely Urmila Bai (PW-1) cried for help on which the Appellant fled away from the spot. Urmila Bai (PW-1) & Leela Bai (PW-2) narrated the incident to Sarpanch and other persons. Leela Bai (PW-2) went to the police station and lodged FIR vide Ex.P-1 on the same day within two hours of the incident. Bloodstained soil and plain soil were recovered from the spot along with bloodstained towel vide Ex.P-7. Spot map was prepared by the Investigating Officer vide Ex.P-8. Injured Gendlal was immediately shifted to Primary Health Centre, Gunderdehi for treatment, vide Ex.P-14. He was examined by the doctor, his condition was serious and he was shifted to District Hospital, Durg where he was examined by Dr. S.K. Fating (PW-6), vide Ex.P-10, who found one lacerated wound on left cheek 3 cm. below left eye of 2 1/2 cm. x 1/2 cm. x 1/2 cm. and bleeding from both ears. Injured Gendlal was complaining pain on both ears. He was restless and was admitted in the surgical ward. During the course of investigation, the Appellant was taken into custody on 14-6-2000, he made discloser statement of bloodstained stone which he has left near the place of incident, vide Ex.P-5 and same was recovered at the instance of the Appellant vide Ex.P-6. Patwari prepared spot map vide Ex.P-2. Statements of the witnesses were recorded under Section 161 of the Code of Criminal Procedure. During the course of treatment, Gendlal @ Genduram died on 5-8-2000. Merg was recorded vide Ex.P-12. Police Station Durg recorded merg vide Ex.P-22 on the basis of information sent by the doctor vide Ex.P-21. After summoning the witnesses vide Ex.P-3, inquest over the dead body of the deceased was prepared vide Ex.P-4. Dead body was sent for autopsy to District Hospital, Durg vide Ex.P-23. Dr. R.N. Pandey (PW-8) conducted autopsy vide Ex.P-13 and found following symptoms and injuries: