CHAMAR SINGH Vs. STATE OF C.G.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction & order of sentence dated 8.1.2001 passed by the Additional Sessions Judge, Korba, in Sessions Trial No.50/2000, whereby & whereunder learned Additional Sessions Judge after holding the appellants guilty for commission of culpable homicide amounting to murder of Amar Singh in sharing common intention convicted them under Section 302 read with Section 34of the I.P.C. and sentenced to undergo imprisonment for life and fine of Rs. 5000/-, in default of payment of fine to further undergo R.I. for six months. Conviction is impugned on the ground that without there being any, iota of evidence, the trial Court has convicted and sentenced the appellants as aforementioned and thereby committed illegality.

(2.) As per case of the prosecution, on 8.10.1999 at about 8 a.m. Amar Singh went along with appellant Teejram to village Choribhata and consumed liquor, thereafter they went towards hill where the appellants assaulted Amar Singh by stick and fists and caused his death. Thereafter, they have thrown dead body in ditch full of water. Dead body of the deceased was found floating in ditch (dabra). Mehatar (PW-2) went to Police Station and lodged merg vide Ex.P/1. Investigating officer proceeded for scene of occurrence and after summoning the witnesses vide Ex.P/15 prepared inquest over dead body of the deceased vide Ex.P/9. Dead body was sent for autopsy to Primary Health Centre, Kartala vide Ex.P/16, where Dr. B.S. Narbadiya (PW-7) conducted autopsy vide Ex.P/5 and found following injuries :-

(3.) Cause of death was syncope. Spot map was prepared by investigating officer vide Exs.P/3 and P/7. On 15.11.1999 F.I.R. was recorded against unknown persons vide Ex.P/14. Panchnama was prepared by investigating officer vide Ex.P/2. During the course of investigation appellant Chamar Singh made disclosure statement of stick vide Ex.P/10 on 17.11.1999 and same has been recovered at his instance vide Ex.P/12. Appellant Ramayan Singh also made disclosure statement of stick vide Ex.P/11 and same has been recovered at his instance vide Ex.P/I3. Viscera and clothes of the deceased were seized vide Ex.P/17. Seized articles were sent for chemical examination.