CHANDRAMANI JATWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal filed by the appellant-accused under Sec. 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dtd. 17/2/2014, passed by the Court of learned 2nd Additional Sessions Judge, Sakti, District Janjgir Champa (C.G.), whereby the appellant-accused has been convicted for offence under Sec. 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.500.00 and, in default of fine, additional rigorous imprisonment of 07 days and also under Sec. 323 of IPC and sentenced to undergo rigorous imprisonment of 06 months.

(2.) The case of the prosecution, in brief, is that on 11/9/2012 at about 03:00 PM, near the house of Phagulal Dhobi, at Village Reda within the ambit of Police Station Dabhta, District Janjgir Champa (CG), the appellant-accused has assaulted Ghasiram (PW-03) and Dashrath (deceased) by means of iron pipe due to which Ghasiram (PW-03) suffered grievous injuries on his head, hands and legs and Dashrath (deceased) sustained head injury, due to which he died and, thereby, committed the offence under Ss. 302 and 307 of IPC.

(3.) The further case of the prosecution, in nutshell, is that on 11/9/2019 Ghasiram (PW-03) and deceased-Dashrath were returning from fields after catching fish and, at that juncture, appellant-accused met them and asked them to sell their fish, on which they agreed to sell their fish, which was around 03 kg for Rs.200.00 and, in turn, the appellant-accused had taken their fish and promised them to give Rs.200.00 after one hour. Thereafter, Ghasiram (PW-03) and deceased-Dashrath went to their house and after having food, around 02:00 PM, they went to the house of the appellant-accused demanding their money, but appellant-accused met them near the house of Phagulal Dhobi. Thereafter, on being asked to give their money (Rs.200.00), the appellant-accused seems to be in evasive mood, upon which Ghasiram (PW-03) and deceased-Dashrath asked appellant-accused to return their fish, on which it is alleged that the appellant-accused started abusing them and brought an iron pipe from his house and, in furtherance thereof, ensued a dispute with Ghasiram (PW-03) and deceased-Dashrath and assaulted them by means of said iron pipe, pursuant of which Ghasiram suffered grievous injuries on his head, hands and legs and Dashrath (deceased) sustained head injury and died. Thereafter, marg intimation was given to the police vide Ex.P/15 and, on the basis of which, FIR (Ex.P/14) was registered against the appellant-accused. Inquest proceedings were conducted vide Ex.P/06. Spot map and Panchnama were prepared vide Ex.P/02 and Ex.P/03 respectively. The dead-body of deceased- Dashrath was sent for postmortem examination and in the postmortem examination report (Ex.P/21), Dr. N.P. Mishra (PW-11) opined that the cause of death seems to be shock due to external and internal hemorrhage, which is due to injury on vital organ like brain and nature of death is homicidal. Thereafter, appellant-accused was arrested vide Ex.P/12 and his memorandum statement was recorded vide Ex.P/08 and, pursuant to which, seizure of blood stained iron pipe was affected vide Ex.P/09. However, said blood stained iron pipe which is said to have been recovered pursuant to the memorandum statement of the appellant-accused (Ex.P/08) was not subjected to FSL examination for the reasons best known to the prosecution. Thereafter, statement of witnesses were recorded and after due investigation, the police filed charge-sheet in the Court of Judicial Magistrate First Class, Dabhra, District Janjgir Champa (CG) and, thereafter, the case was committed to the Court of Sessions. The appellant/accused abjured his guilt and entered into defence.