RAMSINGH GOND 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 impugned judgment of conviction and order of sentence dtd. 13/1/2016 passed by learned Additional Sessions Judge, Katghora in Sessions Trial No. 68/2013, whereby the learned Additional Sessions Judge while acquitting Smt. Santara Bai, convicted the appellant herein for offence punishable under Sec. 302 of the IPC and sentenced him to undergo imprisonment for life and fine of Rs.2,000.00, in default of payment of fine to further undergo R.I. for two months.

(2.) The case of the prosecution, in brief, is that 24/4/2013 at about 8 p.m. at village Koilar Jadra Paterapara the appellant along with his wife Smt. Santara Bai (now acquitted) caused death of Samelal and also caused disappearance of the body and thereby committed the aforesaid offence. It is further case of the prosecution that deceased Samelal was teacher in Binzwar Government Primary School, Koilar Gadra. On the date of offence, when Samelal, Kanthram @ Devsingh Dhanuhar who was serving as cook in that school and his wife Ranjanibai were returning back to their home near the house of Ganesh Gond the appellant herein and his wife Smt. Santara Bai met Samelal, the appellant asked him whether he is Samelal, which Samelal replied affirmative, then the appellant again asked Samelal do you know me, I am also resident of Morga, which Samelal answered in negative, then all of sudden the appellant took out axe (pickaxe) and caused injury over the head of Samelal, by which he suffered injury and died. The appellant also tried to assault Kanthram (PW-3), but it was snatched by Kanthram and thereafter appellant Ramsingh absconded towards Hasdeo river. Thereafter on the next day on 25/4/2013 Kanthram (PW-3) reported the matter to Police Chowki Korbi and offence under Sec. 302 of the IPC was registered. Merg was registered vide Ex. P-8 and on the basis of merg, FIR (Ex. P-9) was registered. Inquest was conducted over the body of the deceased. Dead body of deceased Samelal was sent for postmortem to Community Health Center, Pondi Uprodha, where Dr. Deepak Singh (PW-10) conducted postmortem vide Ex. P-34 and opined that cause of death was hemorrhagic sock and death was homicidal in nature. Pursuant to memorandum statement of the appellant (Ex. P-7, bloodstained axe and bloodstained shawl were recovered from the spot vide Ex. P-4 and Ex. P-5. After completion of investigation, charge-sheet was filed before the Judicial Magistrate First Class, Katghora, who in turn, committed the case to the Court of Session, Korba, from where the Additional Sessions Judge, Katghora received the case on transfer for trial. The appellant/accused abjured his guilt and entered into defence.

(3.) In order to bring home the offence, the prosecution examined as many as 10 witnesses and brought into record 34 documents. Statement of the appellants/accused were recorded under Sec. 313 of CrPC wherein they denied their guilt, however, they examined none in his defence. However, Exs. D-1 to D-4 were brought on record as defence documents.