KHOMANLAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 10-7-2003 passed in S.T. No. 151/2002 whereby and whereunder the Sessions Judge, Rajnandgaon after holding the appellant guilty for causing homicidal death amounting to murder of Kumari Chitrekha Yadav, convicted the appellant under Section 302 of the IPC and sentenced to undergo R.I. for life imprisonment.

(2.) Conviction is impugned on the ground that without an iota of evidence the trial Court has convicted and sentenced the appellant as aforementioned, and thereby committed illegality.

(3.) As per case of the prosecution, on fateful day i.e. 23-7-2002 at about 5.00 p.m. in Village Manikpur, Police Station Dongergaon, District Rajnandgaon the appellant chopped head of Kumari Chitrekha Yadav, aged about 16 years, by dangerous weapon knife and rushed towards the police station with chopped head after leaving rest part of the body near the place of incident. The incident has been witnessed by Kusum Bai (PW-2) and child witness Rajeshwari Sahu (PW-3). Merg was recorded vide Ex.P-1. FIR was lodged by Ramdayal Sahu (PW-1) vide Ex.P-4. The Investigating Officer left for the scene of occurrence and after summoning witnesses vide Ex.P-2, inquest over; dead body of the deceased i.e. trunk of the dead body, was prepared vide Ex.P-3. At the time of inquest, chopped head was not present on the spot. Blood stained clothing, ladies undergarments, handkerchief one soap and other articles were seized from the spot vide Ex.P-5. Blood stained soil and plain soil was seized from the spot vide Ex.P-7. The appellant reached Police Station Dongergaon at about 11.40 p.m. on 23-7-2002 along with chopped head of Chitrekha and a panchnama (Ex.P-11) in that regard was prepared. The appellant was taken into custody, he made disclosure statement of one sharp edged weapon. Vide Ex.P-12 and the same was recovered at the instance of the appellant vide Ex.P-13. Blood stained clothing of the appellant was seized vide Ex.P-8. Nails of the appellant were cut and blood present over it were removed and seized vide Ex.P-9. The blood stained bicycle was seized from the appellant vide Ex.P-10. Dead body of Chitrekha was sent for autopsy to the Community Health Centre, Dongergaon vide Ex.P-14 where Dr. Praveen Goswami (PW-7) conducted autopsy vide Ex.P-15 and found following injuries :-