BRIJMOHAN KANWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374 (2) of the CrPC is directed against the impugned judgment of conviction and order of sentence dtd. 28/2/2015 passed by learned Sessions Judge, Sarguja, District: Sarguja (Ambikapur) (C.G.) in Sessions Trial No. 68 of 2014 whereby the appellant has been convicted and sentenced as under:- <IMG>JUDGEMENT_74_LAWS(CHH)7_2023_1.jpg</IMG>

(2.) Case of the prosecution, in short, is that on 14/5/2014 at about 07:00 pm, the appellant assaulted the deceased namely Majan Singh (deceased) with Tangi, due to which he sustained injuries and died. Further case of the prosecution, in brief, is that the present appellant and the deceased were cousin brothers. On 14/5/2014 the appellant, deceased and other persons have gathered to attend marriage function of Sunita (Bhanji of deceased). On the evening of 14/5/2014, the appellant carried his cycle towards courtyard and while carrying cycle some leaves of Mandap were falling, upon which Shivmangal and the deceased Majan Singh were scolding the appellant on this, the appellant in turn hurled abuses to Majan Singh (deceased) in filthy language and while leaving the place, the appellant threatened the deceased to life. At the night, at about 03:00 am, the appellant assaulted the deceased with Tangi due to which he sustained grievous injuries and died. Thereafter, the matter was reported to the Police by Chitar Singh (PW-1), on that basis, FIR Exhibit-P/1 was registered against the appellant. The dead body of the deceased was sent for autopsy. Post Mortem was conducted by Dr. Janeshwar Singh (PW-4) and his report is Exhibit-P/6 wherein, he has opined that the cause of death of the deceased was due to multiple incised wound over head leading to cardio-respiratory arrest and the death of the deceased was homicidal in nature. Memorandum statement of the appellant was recorded vide Ex.P/4, pursuant to which Tangi was recovered from the possession of appellant vide Ex.P/5. This apart, vide Ex.P/13 and P/14, plain soil and blood stained soil and clothes of the deceased were seized. Seized articles were sent for examination to FSL vide Ex.P/20 and FSL report vide Ex. P-22 has been received, according to which, blood stains were found on the seized weapon of offence. Query report has also been obtained vide Ex.P/10 according to which the injuries found on the deceased could have been caused by the seized Tangi. Vide Ex.P/8, the appellant was taken into custody.

(3.) After due investigation, the appellant was charge-sheeted for the offence punishable under Sec. 302 of IPC before the jurisdictional criminal Court and it was committed to the trial Court for hearing and disposal in accordance with law, in which appellant/accused abjured his guilt and entered into defence by stating that he has not committed the offence.