JEEVAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Accused/appellants Maghi, Ramu, Balram, Tekram, Baua alias Mahatma, Chand Kumar, Dma Ram, Dulari and Janak have pre-ferred criminal appeal No. 220 of 2003 and accused/appellants Jeevan and Bhopat have preferred Criminal Appeal No. 485 of 2003 under Section 374(2) of the Code of Criminal Procedure, 1973 being aggrieved by the judgment of conviction and sentence dated 31-1-2003, passed by the learned Third Additional Sessions Judge (Fast Track Court), Bilaspur in Sessions Trial No. 76 of 1997 in which the learned Third Additional Sessions Judge after holding the accused/appellants guilty of the offences punishable under Section 302 read with Section 149 and Section 148 of the Indian Penal Code convicted and sentenced each of them to undergo imprisonment for life and to pay a fine of Rs. 1,000/- in default of payment of fine to further undergo rigorous imprisonment for six months and to undergo rigorous imprisonment for two years and to pay a fine of Rs. 200/- in default of payment of fine to further undergo rigorous imprisonment for fifteen days respectively.

(2.) The case of the prosecution in brief, is that in the intervening night of 6/7-11-1996 Ramji alias Ramaih (since deceased) went to watch standing paddy crop in his agricultural field. Normally he used to return to his residence by 10.00-11.00 in the night. But on the fateful night he did not return to his house. His son Santram alias Konda Yadav who was sleeping with his children and wife in the room woke up in the wee hours of 07-11-1996 and enquired about his father from his wife. His wife replied that she does not know. On hearing this, Santram left to his agricultural field and there he saw the dead body of his father lying near the pond. The head of his father was separated from the body. He immediately returned to the house and informed his brother Janaku and thereafter both the brothers again went to the field with a torch and saw the dead body of their father lying there. The head was separated from the body and the injuries were present on the palm of both the hands. They came back to the village and informed the Sarpanch and Kotwar of the village and thereafter went to Patharia Police Station to lodge the complaint. On receiving the information Assistant Sub Inspector S.P. Singh Baghel (P.W. 14) registered Crime No. 0/96 under Section 302 of the Indian Penal Code as per Ex. P/44, recorded the first information report, took up the investigation and after giving notice (Ex. P/5) to the witnesses prepared the Panchanama of the dead body of the deceased and sent the dead body for postmortem- examination vide Ex.P/2. The Investigating Officer seized the plain soil as well as the blood-stained soil from the scene of the incident. In the course of investigation accused Maghi gave memorandum (Ex. P/8) and in pursuance of that memorandum crowbar was recovered and seized vide Ex. P/9 on the memorandum (Ex. P/10) of accused Nanka a bamboo stick was recovered and seized vide Ex. P/li, on the memorandum (Ex. P/14) of accused Dular an axe was recovered and seized vide Ex. P/15, on the memorandum Ex. P/12 of accused Deena another axe was recovered and seized vide Ex. P/13, on the memorandum (Ex. P/16) of accused Ramu a Lathi was recovered and seized vide Ex. P/17, on the memorandum (Ex. P/18) of accused Bauwa alias Mahatma a bamboo stick was recovered and seized vide Ex. P/19, on the memorandum (Ex. P/20) of accused Chand Kumar a Lathi was recovered and seized, vide Ex. P/21, on the memo-randum (Ex. P/22) of accused Tekram a Lathi was recovered and seized vide Ex. P/23, on the memorandum (Ex. P/24) of accused Bhopat a bamboo stick was recovered and seized vide Ex. P/25, on the memorandum (Ex. P/26) of accused Jeevan a bamboo stick was recovered and seized vide Ex. P/27 and on the memorandum (Ex. P/28) of accused Balram a bamboo stick was recovered and seized vide Ex. P/29. The seized articles were sent for chemical examination to the Forensic Science Laboratory, Sagar and to the Serologist. The FSL report is Ex. P/61 and the report of the Serologist is Ex. P/62. Dr. P.C. Banerjee (PW-13) conducted the autopsy on the dead body of the deceased in the primary Health Centre, Pathariya. The post-mortem report is Ex. P/2A.

(3.) The Police after completing the investigation filed the charge-sheet against the accused/appellants in the Court of Judicial Magistrate First Class, Mungeli who in turn committed the case to Sessions Court Bilaspur from where the learned Third Additional Sessions Judge (Fast Track Court), Mungeli received the case on transfer.