NAIN SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant herein under Sec. 374(2) of the CrPC is directed against the judgment of conviction and order of sentence dtd. 30/11/2012 passed by the Second Additional Sessions Judge, Balodabazar, in Sessions Trial No.69/2012, by which the learned Second Additional Sessions Judge has convicted the appellant for offence under Ss. 302 and 201 of the IPC and sentenced to undergo imprisonment for life and further sentenced to fine of Rs.1000.00, in default of payment of fine to further undergo additional imprisonment for six months under Sec. 302 of the IPC and RI for 3 years and and further sentenced to fine of Rs.200.00, in default of payment of fine to further undergo additional imprisonment for six months under Sec. 201 of the IPC.

(2.) Case of the prosecution, in brief, is that on the eve of Ganesh Chaturthi on 6/12/2011 between 12.30 a.m. to 1 p.m. at village Darra, the appellant assaulted Santram by kitchen knife, by which Santram suffered serious injury and succumbed to death, thereby the appellant committed the offence under Sec. 302 of the IPC and also caused disappearance of evidence and thereby committed the offence under Sec. 201 of the IPC. It is further case of the prosecution that on 6/9/2011 Sadhram (PW5) reported the matter to Police OutpostGirodhpuri, Police StationBilaigarh that his brother Santram was found dead, who was lastly seen at about 12 o'clock on the same night in drunken condition with Pancham, Pancham tried to take Santram to his house, but he could not walk and thereby he tried to sit and sleep near Mahamaya Chowk beside Lord Ganesh Murti, where his daughter Sushila (PW4) came and tried to administer some water to Santram, but Santram was not willing to go home and told his daughter Suhsila (PW4) that he would sleep there only. At that time, Santram's mobile was missing, Sushila (PW4) went in search of his mobile, but when she returned, she saw that Santram sustained injury and blood was oozing all over his neck. Sushila immediately rushed to her mother and told that her father Santram sustained injuries over his neck, then her mother Ketbai (PW11) reached to the spot and found her husband Santram dead. Merg was registered vide Ex.P7 and FIR was registered vide Ex.P20. Inquest was conducted over dead body of deceased vide Ex.P18. Spot map was prepared by patwari vide Ex.P1. Investigating officer also prepared spot map vide Ex.P21. Dead body of deceased Santram was sent for postmortem to Community Health Center, Bilaigarh where Dr.Chain Singh (PW3) conducted postmortem vide Ex.P3 and opined that cause of death was haemorrhage due to lacerated wound on the neck and death was homicidal in nature. Pursuant to memorandum statement of the appellant vide Ex.P8, knife was seized from him vide Ex.P9. Bloodstained soil and plain soil were also recovered from the spot vide Ex.P11. Bloodstained shirt and fullpaint of the appellant were also seized vide Ex.P13. Seized articles were sent for FSL examination, but FSL report has not been brought on record by the prosecution. Statements of the witnesses were recorded under Sec. 161 of the CrPC and after due investigation, the appellant was chargesheeted before the Judicial Magistrate First Class, Bilaigarh, who in turn, committed the case to the Court of Second Additional Sessions Judge, Balodabazar for trial. The accused / appellant abjured the guilt and entered into defence.

(3.) In order to bring home the offence, the prosecution examined as many as 13 witnesses and exhibited 32 documents Exs.P1 to P27. Statement of the accused/appellant under Sec. 313 of the CrPC was recorded in which he denied guilt. The accused examined none in his defence, but produced one document i.e. statement of Susheela (Ex.D1) in his support.