LAKSHMAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 28th February, 2005 passed by the 1st Additional Sessions Judge, Kanker, Dist. North Bastar (C.G.) in Sessions Trial No. 126/2004 whereby and where under after holding the appellant guilty for the commission of culpable homicide amounting to murder of Prem Singh, the Court below convicted the appellant under Section 302 of the I.P.C. and sentenced him to life imprisonment with fine of Rs. 500/- and in default to undergo further R.I. for one month. Conviction of the appellant is impugned on the ground that without any iota of evidence, the Court below convicted and sentenced the appellant and thereby committed illegality.

(2.) As per prosecution case, on 28.12.2003, present appellant and the deceased Prem Singh were coming towards their village after consuming intoxicating material. They were under intoxication and even they were not in a position to walk. They were also quarrelling and in that process appellant pushed Prem Singh in the river and pressed his body in the water of river. Appellant also pressed neck of the deceased and caused his instantaneous death. Incident was witnessed by P.W. 3 Dev Singh and P.W. 4 Mangtu. On second day of incident, merg was recorded vide Ex. P.9. Investigating Officer left for scene of occurrence and after summoning witnesses vide Ex. P.10, inquest over the dead body was prepared vide Ex. P.11. Dead body was sent for autopsy to Primary Health Center, Tadoke vide Ex. P.5. P.W. 7 Dr. U.N. Diwan conducted autopsy and opined that cause of death was Asphyxia as result of fall on the water and death was accidental in nature. He also noticed scratch over knee and chest. After enquiry of merg, F.I.R. was registered vide Ex. P.13.

(3.) Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure, 1973 (in short 'the Code'). During the course of investigation, statement of Mangturam was recorded under Section 164 of the Code vide Ex. P.2. Finally, charge sheet was filed before the Court of Judicial Magistrate First Class, Bhanupratappur, who in turn committed the case to learned Sessions Judge, Jagdalpur. The learned Additional Sessions Judge received the case on transfer for trial.