DINESH KUMAR SATNAMI Vs. STATE OF C G

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 7/8/2002 passed by 2nd Additional Sessions Judge Baloda Bazar, District Raipur (C.G.) in Sessions Trial No. 14/2002 whereby and where under after holding the appellants guilty for the commission of offence of culpable homicide amounting to murder of Gandheshwar Bai & her son Amar Singh in sharing common intention convicted the appellants under Section 302/34 of the Indian Penal Code and sentenced imprisonment for life and fine of Rs. 500/-, in default of payment of fine amount additional rigorous imprisonment for 6 months.

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

(3.) As per case of the prosecution, on fateful day of 2/12/2001 at about 9:00 A.M. unfortunately Gandheshwar Bai & her son Amar Singh (since deceased) were digging the Government land, appellants reached to the spot and assaulted by axe and caused their instantaneous death on the ground that they were digging the land of their possession. PW1 Premdas went to the Police Outpost Gidhpuri and lodged marg intimation vide Exs. P-1 & P-2. First Information Report was registered at Police Outpost Gidhpuri vide Ex. P-3. Finally, numbery marg intimation was recorded in Police Station Palari vide Exs. P-17 & P-18. First Information Report was lodged vide Ex. P-16. Investigating Officer left for scene of occurrence and after summoning the witnesses vide Exs. P-4 & P-6. Inquest over the dead body of deceased Gandheshwar Bai & Amar Singh was prepared vide Exs. P-5 & P-7. Blood stained & plain soil and broken piece of bangles was seized near the body of Gandheshwar Bai. Blood stained & plain soil and blood stained towel having cut mark was seized near the body of Amar Singh. Plastic Chappals, Gaiti (instrument for digging the land) and stick were seized from the spot. Dead body of Gandheshwar Bai was sent for autopsy to Primary Health Center, Palari vide Ex. P-12A where PW12 Dr. Manish Shrivastava conducted autopsy vide Ex. P-12 and found following injuries:-