DAL PRATAP SINGH Vs. STATE OF C.G.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 19.12.2013 passed by the 2nd Additional Sessions Judge, Manendragarh, District Korea, C.G. in S.T. No.10/2013, whereby the appellant stands convicted for the offence under Section 302 of Indian Penal Code (for short 'IPC') and sentenced to undergo imprisonment for life and fine of Rs.2,000/-, in default of payment of fine amount to undergo additional R.I. for four months.

(2.) Case of the prosecution in brief is that on the date of incident i.e. 20.10.2012 at about 20:00 pm at village Ghaghrapara, when deceased-Sumitra was warming herself by fire at home along with her sister Semvati and son-in-law Ramayan, at that time accused/appellant came there with Farsa/Battle Axe and assaulted the deceased on her temple. When PW-1 Semvati started crying then accused/appellant ran away from the place of occurrence. The said incident was informed by PW-1 Smt. Semvati to PW-4 Heeralal and thereafter to villagers. After the incident, merg intimation Ex.P-2 and FIR Ex.P-1 was lodged by PW-1 Smt. Semvati on the same day i.e. 20.10.2012. During investigation, spot map was prepared by (PW-8) D.P. Sahu, Sub-Inspector as per Ex.P-3 and spot map Ex.P-4 was prepared by Patwari PW-5 Surendra Pal Singh. Inquest report Ex.P-5 was prepared in presence of the witnesses. Accused memorandum was recorded as per Ex.P-6 upon which it was discovered that appellant's aunt (Chacheri Fufi) used to change her husband frequently and keep them Ghar Jawai and for this reason he murdered Sumitra Bai by Farsa/Battle Axe (iron weapon). Plain and blood stained soil were seized as per Ex.P-7. Pursuant to the memorandum used Battle Axe was seized as per Ex.P-8. Clothes of accused were seized as per Ex.P-9 and clothes of deceased were seized as per Ex.P-10 from the spot. Accused/appellant was arrested as per Ex.P-11. The dead body of the deceased was sent for postmortem examination with application Ex.P-12 and postmortem was conducted by PW-7 Dr. Mahesh Singh, who found following injuries:-

(3.) Seized Battle Axe/Farsa was also examined by PW-7 Dr. Mahesh Singh on which he found that the injury found on the body of the deceased may be caused by this article. Seized article (Battle Axe) was sent for chemical examination along with memo Ex.P-16 and Ex.P-16A and same was received by FSL as per Ex.P-16B. Statements of the witnesses were recorded. After completion of investigation, charge sheet was filed against the appellant Dal Pratap Singh @ Dadu under Section 302 of IPC. The trial Court framed the charge under Section 302 of IPC against the appellant which was denied by him and he prayed for trial.