DHANSINGH Vs. STATE OF C G

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 20/1/2006 passed by Sessions Judge, Bastar at Jagdalpur in Sessions Trial No. 438/2005 whereby and where under after holding the Appellant guilty for the commission of offence of culpable homicide amounting to murder of Kishnu convicted the Appellant under Section 302 of the Indian Penal Code and sentenced imprisonment for life.

(2.) Conviction is impugned on the ground that without any iota of evidence sufficient for conviction of the Appellant, Court below has convicted and sentenced the Appellant as aforementioned and thereby committed an illegality.

(3.) As per case of the prosecution, on fateful evening of 3/9/2005 at about 7:00 P.M. Kishnu (since deceased) was standing near his house, Appellant who was hiding himself behind the tree standing on the field of Manglu shot arrow upon Kishnu and caused fatal injury, Kishnu walked up to the house of PW2 Sukhdai whom he made dying declaration. He also shouted to his mother that Appellant has shot arrow thereafter he died. On second day marg intimation was recorded vide Ex. P-l. First Information Report was lodged by PW1 Chaitibai vide Ex. P-2. Spot map was prepared vide Ex. P-3. Investigating Officer left for scene of occurrence and after summoning the witnesses vide Ex. P-5, Inquest over the dead body of Kishnu was prepared vide Ex. P-4. Blood stained and plain soil were recovered from the spot vide Ex. P-8. Arrow removed from the body of deceased Kishnu was seized vide Ex. P-9. Dead body of Kishnu was sent for autopsy to Primary Health Center, Chhotedongar vide Ex. P-13 where PW6 Dr. Prabhakar Dhote conducted autopsy vide Ex. P-16 and found one stab wound over chest near nipple of 3 x 0.5 cm. with considerable depth and penetrated injury was found over stomach. Mode of death was shock and death was homicidal in nature. During course of investigation, accused/Appellant was taken into custody, he made discloser statement of bow vide Ex. P-6., same was recovered at his instance vide Ex. P-7. Sealed cloths of deceased Kishnu was seized vide Ex. P-10.