MOHAMMAD ASHIF Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of CrPC is directed against the impugned judgment dtd. 08/04/2011 passed in Sessions Trial No. 146/2010 whereby learned 7th Additional Sessions Judge, Raipur has convicted the appellant/accused for offence punishable under Sec. 302/34 of IPC and Ss. 25(1)(A) and 27 of the Arms Act, 1959 and sentenced to life imprisonment and fine of Rs.500.00' in default of payment of fine additional S.I. for 3 months; R.I. for 3 years and fine of Rs.500.00' in default of payment of fine additional S.I. for 3 months; and R.I. for 3 years and fine of Rs.500.00' in default of payment of fine additional S.I. for 3 months, respectively.

(2.) Case of the prosecution, in brief, is that on 15/03/2010 in between 08:30 PM to 10:30 PM, in the fields of Village Dunda, P.S. Tikrapara, the appellant herein along with one co'accused Deep alias Deependra Singh Thakur (delinquent) assaulted Balram Sen with a knife, which he is said to have possessed without license, due to which Balram Sen suffered grievous injuries and succumbed to death, and the appellant, thereby, committed the aforesaid offences.

(3.) Further case of the prosecution, in brief, is that Narsingh Sen (P.W.'1) lodged a report at Police Station Tikrapara that on the fateful day, one Narayan Bhatt of his village informed him that his brother Balram Sen (deceased) is lying dead near the canal. When he went there, he found Balram Sen lying unconscious and there were two stab wounds on the backside of his body and blood was oozing out of the said wounds. On the said report, merg intimation was registered vide Ex. P/1 and FIR was lodged for offence punishable under Sec. 302 of IPC vide Ex. P/2. Summons were issued to the witnesses under Sec. 175 of CrPC vide Ex. P/3 and after conducting inquest vide Ex. P/4, the dead body of Balram Sen was sent for postmortem, which was conducted by Dr. Shivnarayan Manjhi (P.W.'11) and the postmortem report has been filed as Ex. P/23 in which cause of death is said to be haemorrhage and shock as a result of stab injuries on the abdomen and the nature of death is said to be homicidal. Thereafter, pursuant to memorandum statement of the appellant vide Ex. P/11, recovery of a wallet containing Rs.800.00' and a voter ID card issued by the Election Commission of India in the name of Neha Sen, wife of Balram Sen has been made from the possession of the appellant herein vide Ex. P/14 and pursuant to the memorandum statement of co'accused Deep alias Deependra Singh Thakur vide Ex. P/10, recovery of knife, Rs.1000.00' and one motor'cycle has been seized from his possession vide Ex. P/12. The seized knife was sent for examination and Dr. Shivnarayan Manjhi (Ex. P/11), Demonstrator of Department of Forensic Medicine and Toxicology has clearly opined that the injuries found on the dead body of Balram Sen could be caused by the said knife and the presence of blood on the said knife could be ascertained by FSL report. After recording the statements of the witnesses and after due investigation, the appellant/accused was charge'sheeted for offence punishable under Sec. 302/34 of IPC and Ss. 25(1)(A) and 27 of the Arms Act which was committed to the Court of Session for hearing and disposal in accordance with law. The appellant/accused abjured his guilt and entered into defence. The co'accused Deep alias Deependra Singh Thakur, being a juvenile, has been tried by the Juvenile Justice Board, Raipur.