GOHAR SINGH GOND Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the CrPC is directed against the judgment of conviction recorded for offence punishable under Sec. 302 of the IPC and sentence awarded under Sec. 302 of the IPC i.e. imprisonment for life and fine of Rs. 100/?, in default of payment of fine, to further undergo rigorous imprisonment for five days by the Second Additional Sessions Judge (F.T.C.), Surajpur by the impugned judgment dated 22.11.2006 in Sessions Trial No.84/2006.

(2.) Case of the prosecution, in brief, is that on 24.11.2005 at 8 a.m. the appellant assaulted Pawaro Bai (since deceased) on her head / back part of her body by bamboo?stick by which she suffered grievous injuries and succumbed to death and thereby committed the offence under Sec. 302 of the IPC.

(3.) Further case of the prosecution is that on 24.11.2005 Heera Lal (PW?5), son of deceased Pawaro Bai, lodged merg on 24.11.2005 vide Ex.P?11 at Police Station Surajpur and thereafter F.I.R. (Ex.P?4) was registered on the same day at 15.30 p.m. against one Gohar Singh, appellant herein for offence under Sec. 302 of the IPC in Crime No.302/2005. Investigating officer M.S.Rathiya (PW?11) proceeded for the scene of occurrence and after summoning the witnesses vide Ex.P/1, prepared inquest of dead body of the deceased vide Ex.P/2. Statements of the witnesses were recorded under Sec. 161 of the CrPC. Dead body of the deceased was sent for postmortem to Primary Health Center, Surajpur, where Dr.Smt.Sashi Tirki (PW?9) conducted postmortem on body of deceased Pawaro Bai and submitted her report vide Ex.P?9 in which she noticed five injuries, out of which, four injuries were simple in nature and injury No.5 was grievous in nature, which was sufficient to cause death. Cause of death was shock due to excessive hemorrhage and death was homicidal in nature. The appellant was arrested by investigating officer M.S. Rathiya (PW?11) and on his memorandum statement Ex.P?6, bamboo?stick was recovered from the appellant vide Ex.P?7 in presence of Hiran Singh and Hardev Narayan (PW?6). Patwari Amresh Kumar Singh (PW?12) also prepared spot map vide Ex.P?14 and panchnama vide Ex.P?15. After completion of investigation, charge?sheet was filed against the appellant / accused and it was committed to the trial Court / Court of Session. The appellant herein abjured the guilt and entered into defence.