DEVNATH NETAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By the instant appeal, the appellant has assailed the impugned judgment of conviction and order of sentence rendered by the Second Additional Sessions Judge, Mahasamund, in ST No.397/2005 for committing offence under Section 302 of the Indian Penal Code (for short 'the IPC') for committing murder of Narhar Netam (since deceased) and under Section 302 read with Section 34 of the IPC for committing murder of Jageshwar (father of deceased Narhar Netam) (since deceased) and, thus, the appellant has been convicted for committing two murders and has been sentenced to undergo imprisonment for life (twice) and to pay a fine of pay of Rs.2,000/- for each of the offence, in default of payment to fine to further undergo additional RI for two months (twice). The substantive jail sentences have been directed to run concurrently.

(2.) The prosecution case, in brief, is that PW-1 Fagani Bai, wife of deceased Narhar Netam and daughter-in-law of deceased Jageshwar, lodged merg intimation (Ex.P/1) on 11.05 am on 9-8-2005 informing the police that at about 10.00 am she had gone to the agricultural fields along with her husband and father-in-law for sowing of crop. Accused Jagdish (father of the appellant herein) (since deceased) and deceased have adjoining agricultural field. The complainant party had removed the weeds for sowing the crop and the weeds have been placed over the common embankment separating both the agricultural fields. Appellant asked them not to place the weeds over the embankment on which the deceased Narhar stated that let the lands be measured by Patwari on which the appellant assaulted Narhar over his head by means of spade causing his spontaneous death on the spot. Thereafter, appellant Devnath and his father Jagdish assaulted the deceased Jageshwar by club and spade causing serious injuries over his head.

(3.) On similar allegation, Dehati First Information Letter was lodged vide Ex.P/2 whereas numbered First Information Report (FIR) was registered vide Ex.P/26. Deceased Jageshwar was taken to hospital, however, he succumbed to injuries. Spot panchnama was prepared vide Ex.P/5 and the naksha panchanama was prepared vide Ex.P/6 and Ex.P/8. From accused Devnath his blue coloured T-Shirt and Lungi were recovered vide seizure memo Ex.P/9 whereas from accused Jagdish his white vest and lungi were recovered vide seizure memo Ex.P/10. Iron Spade, tendu wood stick, plain soil and bloodstained soil were recovered from the place of occurrence vide seizure memo Ex.P/11.