LAWS(CHH)-2022-8-29

MEHTAR Vs. STATE OF CHHATTISGARH

Decided On August 01, 2022
MEHTAR Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) This appeal has been preferred by the appellant under Sec. 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "CrPC") questioning the legality and propriety of the judgment and order dtd. 2/5/2014 passed by the learned Sessions Judge, Raipur in Sessions Trial No.01/2013, whereby the appellant has been convicted for having committed the offence of murder of Smt. Motin Bai under Sec. 302 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and sentenced him to Rigorous Imprisonment for life and fine amount of Rs.5,000.00 and, in default, he has to suffer additional Rigorous Imprisonment for five months.

(2.) Briefly stated, the case of the prosecution, is that on 15/11/2012 at 17.30 hours, the complainant-Santosh Kumar Dhiwar lodged a report at Police Station Kharora of Village Motimpur, submitting inter alia, that on the fateful date, Raut community of neighbouring village had come to dance, where some quarrel had taken place with them by the appellant-Mehettar alias Nanu Dhiwar, who is the son of complainant's elder father, owing to which, his (Santosh Kumar) father-Suklu Dhiwar (PW-9) was going to lodge the report. It is alleged therein that since his mother-Motin Bai, the deceased, had not stopped him for lodging the report and instead provoking him to lodge the same, therefore, the appellant has assaulted several times on her head with the aid of Batta/Rafter (a kind of wooden stick), as a result of which, she sustained serious injuries and owing to which, blood was oozing and consequent upon that, she became unconscious. She was taken to the hospital immediately, but the doctor has declared her dead.

(3.) Based upon the aforesaid information, the matter was investigated by the Station House Officer, Kharora, while registering the offence against him under Sec. 302 of IPC, in connection with Crime No.364 of 2012. Inquest was conducted vide (Ex.P-2) and spot map was prepared vide (Ex.P-12) and thereafter, the dead body was sent for postmortem on 16/11/2012, which was conducted by Dr. Pankaj Kishore(PW-7), who opined vide report dtd. 16/11/2012 (Ex.P-10) that the cause of death was due to shock and coma leading to cardio-respiratory failure owing to head injury. The Batta/Rafter (a kind of wooden stick) used in the alleged crime, was recovered with bloodstained from the appellant vide(Ex.P-7) on 16/11/2012 based upon his disclosure statement(Ex.P-8) and, a bloodstained shirt was also recovered from him vide (Ex.P-9). The articles so seized were sent for its chemical examination on 11/12/2012 vide(Ex.P-18) to the Forensic Science Laboratory, Raipur, where human blood was found as per the report (Ex.P-19) submitted by the Assistant Chemical Examiner. The appellant was arrested vide(Ex.P-17) and the statement of the witnesses were recorded and after due investigation, the appellant was chargesheeted for the commission of offence punishable under Sec. 302 of IPC and the final report was accordingly submitted by the Investigating Officer on 18/12/2012 before the Judicial Magistrate First Class, Raipur, who in turn, has committed the case to the Court of Session in exercise of powers enumerated under Sec. 209 of Cr.P.C. for its trial. The appellant has denied the charges so framed and claimed to be tried.