JAMUNA BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Two appellants namely, Jamuna Bai (A-1) and Shyam Sunder (A-2) in Cr.A.No.1202/2014; sole appellant namely, Surendra Kumar (A-3) in Cr.A.No.1160/2014; and two appellants namely, Sahaniram (A-4) and Dadhibal (A-5) in Cr.A.No.1143/2014, have preferred these appeals under Sec. 374(2) of the CrPC feeling aggrieved and dissatisfied with the impugned judgment dtd. 7/11/2014 passed by the 1st Additional Sessions Judge, Sakti, District Janjgir-Champa in Sessions Trial No.80/2013, by which the learned Additional Sessions Judge has convicted and sentenced the appellants in the following manner: -

(2.) Since all the three criminal appeals have arisen out of one and same judgment dtd. 7/11/2014 passed by the 1st Additional Sessions Judge, Sakti, District Janjgir-Champa, in one Sessions Trial No.80/2013 and since common question of fact and law is involved in all the three appeals, they have been clubbed together, heard together and are being disposed of by this common judgment.

(3.) It is admitted fact on record that Sushil Chand Jaiswal had two daughters namely, Jamuna Bai - the accused / appellant (A-1) and Namrata Jaiswal - deceased. Jamuna Bai was married to Narendra Kumar (PW-7) and Namrata was married to Shyam Kumar - another deceased. The family of Jamuna Bai was staying in the house owned by Sushil Chand Jaiswal at Sakti in ground floor and Namrata Jaiswal along with her husband Shyam Kumar on the fateful day was residing in second floor along with her family. It is the case of the prosecution that Jamuna Bai wanted to grab the entire property in which her sister Namrata Jaiswal along with her husband were staying. Revenue proceedings Exs.P-30 to P-44 were initiated by Namrata Jaiswal against Narendra Kumar (PW-7) - husband of Jamuna Bai before the revenue court (Tahsildar, Kharsia and Tahsildar, Sakti) for partition, etc. It is the further case of the prosecution that Jamuna Bai (A-1) also lodged complaint before Police Station Kharsia against the deceased persons vide Ex.P-20 and in light of that complaint, statements were recorded vide Exs.P-21 to P-24. Further case of the prosecution, in brief, is that on 10/4/2013, in the morning, one Onkar Prasad Jaiswal (neither cited nor examined) informed Shivkumar (PW-6) - brother of deceased Shyam Kumar about the incident, thereafter, Shivkumar (PW-6) came to Sakti in the house of Namrata Jaiswal and Shyam Kumar and noticed that throat of both Namrata and Shyam Kumar was cut and they were lying dead on bed and blood spread all over the floor. Thereafter, Shivkumar (PW-6) lodged first information report Ex.P-15 at Police Station Sakti on 10/4/2013 against unknown person and on the same day, morgue intimations were got registered by Shivkumar (PW-6). Morgue intimation Ex.P-16 was registered for death of Shyam Kumar, whereas morgue intimation Ex.P-17 was registered for death of Namrata Jaiswal and thereafter, two separate inquest reports were prepared i.e. Ex.P-3 in respect of Smt. Namrata Jaiswal and Ex.P-4 in respect of Shyam Kumar. Thereafter, dead bodies of both the deceased persons were sent for postmortem examination to Community Health Centre, Sakti where Dr. Krishna Kumar Sidar (PW-10) conducted postmortem over the dead bodies of Shyam Kumar and Smt. Namrata Jaiswal vide Exs.P-27 and P-28, respectively. After examining the nature of injuries and wounds, it was opined by the doctor that cause of death in both the cases was cardio respiratory arrest associated with asphyxia by obstruction of airway passage and massive blood loss and the nature of death was homicidal done by solid heavy metal and sharp-edged weapon. Shyam Sunder (A-2) was taken into custody on 11/4/2013 and his memorandum statement was recorded vide Ex.P-8 in presence of Tankeshwar Jaiswal (PW-2) pursuant to which chopper - sharp-edged weapon, shirt, full pant and motorcycle were seized vide Ex.P-9 on 12- 4-2013. Thereafter, on 12/4/2013, memorandum statement of Jamuna Jaiswal (A-1) was recorded as Ex.P-10 and pursuant to her memorandum statement, her bloodstained petticoat and curtain were seized vide Ex.P-11. Apart from other usual investigation, on 20-5- 2013 articles seized were sent for forensic examination vide Ex.P-58 and the FSL report dtd. 30/4/2014 has been brought on record as Ex.P-60 in which in reference to seized articles, human blood of Group 'A' was found on petticoat of Jamuna Jaiswal (Art. 'C'), chopper seized from accused Shyam Sunder Jaiswal (Art. 'E') and vest of deceased Shyam Kumar (Art. 'H1'), and human blood was also found on Articles A, G1 and G3. On 13/5/2014, the FSL report as obtained from the Forensic Science Laboratory was sent to the District Prosecution Officer for production before the learned trial Court.