DURGESH DEWANGAN Vs. STATE OF C.G.

JUDGEMENT

(1.) Heard.

(2.) The prosecution case, in brief, is that the accused Durgesh Dewangan and Sanjay Diwan (since deceased) were the friends and used to hobnob with each other. On the date of incident on 19/02/2012 in between 3 pm to 8.30 pm they consumed liquor. Thereafter, certain more liquor was demanded by the deceased, the same could not work out and in the process, certain obscene words were uttered by the deceased against the wife of the accused. Being enraged by such act, the accused went back to his house and came back with a chopper with an intention to eliminate deceased Sanjay Diwan. Having found him in the house, he assaulted him on various parts of the body, thereafter concealed the chopper in the house of the deceased behind the pot at the roof. The merg (Ex.P/2) was registered at the behest of the father of the deceased. The dead body of the deceased was subjected to postmortem and it was reported to be homicidal in nature vide postmortem report (Ex.P/14). Thereafter, FIR (Ex.P/1) was registered and investigation was carried out. Subsequently, the accused was apprehended and on his memorandum he admitted to have committed the guilt. Further at his instance, the weapon used for commission of crime was seized from the house of the deceased as also the T-shirt and pant were also seized. The said seized articles were sent for FSL and after recording the statement of the various witnesses and after committal, the charge sheet was filed.

(3.) During the course of trial, the appellant abjured his guilt. The prosecution examined as many as 17 witnesses and after trial the appellant was convicted under Sec. 302 of IPC and Sec. 25, 27 of Arms Act. Hence, this appeal.