SANDEEP SINGH THAKUR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the legality, validity and propriety of the judgment of conviction and order of sentence dated 5.2.2014 passed by Sessions Judge, Raipur (CG) in ST No.37/2013 whereby the appellant stands convicted under Section 302 of IPC and sentenced to undergo life imprisonment plus fine of Rs.5,000/- with default sentence of five months' additional R.I.

(2.) Briefly stated, prosecution case is that on 27th October, 2012 at about 11 pm accused/appellant Sandeep Singh assaulted his brother Ishwar Singh Thakur by means of knife on his chest as a result of which Ishwar Singh died on the spot itself. Unnumbered Merg intimation Ex.P/1 and unnumbered FIR (Ex.P/2) were promptly lodged by Kiran Singh Thakur (PW-1) on 28.10.2012 at Police Chowki-Silyari, Distt. Raipur at 1 am and 1.25 am respectively against the appellant for committing murder of Ishwar Singh on which offence under Section 302 of IPC was registered. Subsequently, numbered merg (Ex.P/16) and numbered FIR (Ex.P/17) were recorded at Police Station - Dharsinva, Distt. Raipur. Inquest on the dead body of the deceased was prepared in presence of witnesses vide Ex.P/3. During investigation, spot map Ex.P/4 was prepared and on the memorandum of the appellant vide Ex.P/8, one bloodstained knife was seized from his possession vide Ex.P/9. From the place of occurrence, plain & bloodstained soil were seized vide Ex.P/10. Likewise, under Ex.P/11 appellant's jeans, vest and shirt having blood like stains were seized. Vide Ex.P/20 the wearing apparels of the deceased were seized.

(3.) Postmortem on the dead body was conducted on 28.10.2012 by PW-8 Dr. Dayaram Verma vide Ex.P/12 who noticed one stab wound over chest on left side in between 4th & 5th rib little away from midline of size 3 cm x 1 cm upto 10 cm deep. In his opinion, the cause of death was shock as a result of massive internal hemorrhage due to punctured heart by sharp object and the death was homicidal in nature which occurred within 24 hours prior to postmortem examination. As per FSL report (Ex.P/25), blood was found on Articles A, C, D, F, G1, G2 & G3 i.e. soil seized from spot, knife seized from appellant; pant & shirt of the appellant; shirt, pant & underwear of the deceased respectively. Further, human blood was found on Articles D, F, G1, G2 & G3 i.e. clothes of the appellant and the deceased and blood found on Articles D & F was of Group A. After recording statements of the witnesses and completing the usual investigation, charge sheet under Section 302 of IPC was filed against the appellant followed by framing of charge accordingly by the trial Court, which was denied by him and he prayed for trial.