RAMBHAROS SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Accused Rambharos Sahu has preferred this criminal appeal under Section 374 (2) of the Cr.P.C. being aggrieved by the judgment dated 29th July, 2002, passed in Sessions trial No. 94/2000 by the Second Additional Sessions Judge Wast Track Court), Janjgir, by which the learned Additional Sessions Judge after holding the appellant guilty of the commission of the offence under Section 302 of the I.P.C. sentenced him to undergo imprisonment for life and pay a line of Rs. 100/-in default of payment of fine to further undergo rigorous imprisonment for two months.

(2.) The briefly stated facts of the prosecution story are that Seetaram Sahu lodged a report at Police station: Shivrinarayan on 27/11/99 at about 11.30 a.m. with the allegation that he is residing in Village: Awarid and earns livelihood through agriculture. It is further alleged that his father Bansiram had four brothers and partition of agricultural land had taken place between them but the Khata of the land was not separated and on account of that there was some dispute between his father and uncle Rambharos Sahu, the accused/appellant. On the date of the incident i.e. on 27/11/99 in the morning at about 8 a.m. his father Bansiram and uncle Rambharos Sahu, went to the village Patwari for talking about the separation of the Khata. It is also alleged that at that time some dispute took place in which his uncle Rambharos Sahu became angry and with the intention to murder Bansiram assaulted by Lathi on his head, hands and legs and caused fatal injuries. Seetaram Sahu, the complainant further alleged in the complaint that when he came to know about this fact he has come along with his father, who was in unconscious position, to lodge the report. The Police Station in-charge on this report, registered the case under Section 307 of the I.P.C.

(3.) Later on, PW-14 D.K. Netam, on the report of PW-4 Nankiram Sahu about the death of Bansiram, registered the case under Section 302 of the I.P.C. through Ex. P-7 and after giving the notice to the witness prepared the Panchayatnama of the body through Ex. P-3. The Naksha Panchayatnama Ex. P4 was prepared and intimation to the Magistrate was sent. The dead body was sent for the postmortem examination through Ex. P-17 and site plan Ex. P-15 was prepared. The 1.0 took into possession the plastic shoes of deceased Bansiram through Ex. P-13 and also took into possession the blood smeared soil as well as the simple soil through Ex. P-13. Accused Rambharos Sahu gave the memorandum Ex. P-l1 and based on that the weapon of offence. Lathi. was taken into possession through EX.P-12. The seized Lathi was sent for the medical opinion through EX.P-19. The statements of the witnesses were recorded. The site plan of the incident was got prepared by Patwari through EX.P-21. The seized articles were sent to the Forensic Science Laboratory. Sagar. through EX.P-23. The receipt of depositing the articles in the Laboratory in Ex.P-22. After completion of the investigation the challan was filed against the accused/appellant.