PRIKSHIT KUMAR SATNAMI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Accused! appellant Prikshit Kumar Satnami has preferred this criminal appeal under Section 374 (2) of the Cr.P.C being aggrieved by the Judgment of conviction dated 29th December. 2001 passed. by the learned 2nd Additional Sessions Judge. Baloda Bazar in Sessions Trial No. 38/2001 by which learned Additional Sessions Judge after holding the accused/appellant guilty under section 302 read with 34 of the I.P.C sentenced him to undergo imprisonment for life and to pay a fine of Rs. 500/- and in default of payment of fine to further undergo imprisonment of six months.

(2.) The relevant prosecution story for the disposal of this criminal appeal is that on 18th June, 2000 the deceaseds son was suffering from some disease as such he called the accused Bhanu for practicing witchcraft on his son. The accused Bhanu came to the house of the deceased 2-3 times and at that time one Govind was watching T.V. Savitri Bai wife of the deceased and deceased Dwarika asked the accused to practice witchcraft but the accused Bhanu refused to practice witchcraft because Govind was sitting there. When Govind left the house of the deceased, the accused practised witchcraft on the son of deceased Dwarika and at about 11 in the night the accused and Dwarika both left the house with Pooja articles, used in practising witchcraft namely coconut, earthen lamps, incense stick, plate and small metal pot. After sometime the accused came to hand over those article which he had taken with him. He knocked the door and called Savitri Bai. On opening the door, when Savitri Bai had not seen Dwarika she enquired about her husband from Bhanu who informed her that he is sitting near the pond in order to answer the call of nature. When accused Bhanu left the house, Savitri followed him and she saw that one person was standing near the pond. When she asked Bhanu who is this person then Bhanu and the other person ran away. On this, Savitri doubted why her husband is not coming and then she informed her neighbours. The villagers collected and they went to the pond and saw that the body of Dwarika was lying there. Therefore, they reported the matter to the police station Bilaigarh. The police registered the offence and started investigation.

(3.) During the investigation memorandum. Ex. P/3 given by the accused Prikshit Kumar was recorded and after giving, notice (Ex. P/1)T to the witnesses panchnama of the body Ex. P/2 was prepared. Based on the memorandum of accused Prikshit Kumar one empty bottle of country made liquor and clothes of this accused were recovered under Ex. P/5. The blood stained and simple soil were taken in. a black container and seized under Ex. P/6 and Ex. P/7. One earthen lamp one coconut shell, one pair mud smeared black coloured plastic shoes which were lying near the bush of Babool recovered and seized under Ex. P/8. The statements of the witnesses were recorded. Merg intimation Ex. P/12 was entered on the basis of which F.I.R. Ex. P/13 was recorded and body was sent for postmortem under Ex. P/14. The seized articles were sent for chemical examination under Ex. P/15, report of which was received under Ex. P/19. The site map Ex. P/18 was prepared.