CHAITRAM DHURWA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the CrPC has been preferred by the appellants against the impugned judgment of conviction and order of sentence dtd. 3/7/2014 passed by the learned Additional Sessions Judge (FTC) North Bastar, Kanker (Chhattisgarh), in Sessions Trial No.39/2013 by which appellants herein have been convicted for offences under Sec. 302 read with Sec. 34 of the IPC and sentenced to undergo imprisonment for life and fine of ? 200/-; in default of payment of fine to undergo additional R.I. for six months.

(2.) Case of the prosecution, in short, is that appellant No.2, Mangturam, deceased-Santlal and Santuram (PW-1) were real brothers. On 2/1/2013 between 4:00 pm to 5:00 pm at village - Badetopal Platpara, Police Station Antagarh appellants herein in furtherance of common intention assaulted deceased-Santlal on his head and back by stone and wooden stick by which he suffered grievous injuries and succumbed to death and thereby, committed the aforesaid offence.

(3.) Further case of the prosecution is that appellant No.2 had seen his brother Santlal-deceased in compromising position with his wife-Devki Bai (PW-5) on account of which appellant No.2 and his domestic worker i.e. appellant No.1 both assaulted Santlal-deceased by stone and wooden stick by which he suffered grievous injury and died. The said offence was reported by Santuram (PW-1) to the Police Station, Antagarh pursuant to which Merg Intimation (Ex.P/1) and FIR (Ex.P/6) were registered. Inquest proceedings were conducted vide Ex.P/3 and dead body was sent for postmortem and brief postmortem report and detailed postmortem report are exhibited vide Ex.P/20 and Ex.P/19 respectively. Postmortem was conducted by Dr. Shital Dugga (PW-9) and it was opined in the postmortem report that cause of death is due to head injury and nature of death is homicidal. Pursuant to memorandum statement of appellant No.1, Chaitram Dhurwa, (Ex.P/8) stone was recovered vide Ex.P/9 and also on the basis of memorandum statement of appellant No.2, Mangturam, (Ex.P/11) wooden stick was recovered vide Ex.P/12. The seized articles were sent for the chemical analysis, but FSL report has not been brought on record for the reasons best known to the prosecution.