T. SATISH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellant under Sec. 374(2) of the Code of Criminal Procedure, 1973 against impugned judgment of conviction and order of sentence dtd. 22/1/2014 passed by the Upper Sessions Judge, Durg (CG) in Sessions Case No. 119/2011, whereby the appellant has been convicted for offence punishable under Sec. 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay fine of Rs.1,000.00, in default of payment of fine, to undergo additional RI for 6 months.

(2.) Case of the prosecution in brief is that, on 14/2/2011, at about 1.00 pm appellant went to the house of complainant Raghuvir Singh alias Ramesh Singh and demanded money and on being denied by him, appellant threatened him by showing knife. At 3.00 pm appellant again came to the house of complainant and was knocking the door of courtyard of his house which was covered by fencing wire. Wife of complainant asked him that no one is in the house, despite that, the appellant was calling Manoj (brother of complainant). When Manoj came out of the house and opened the door, then appellant stabbed Manoj by a sword (Talwar) just below left side of his chest. On crying by Manoj, appellant ran from the spot, he was chased by Manoj, his brother Raghuvir Singh (P.W. 4 complainant) and another brother Rajan Singh (P.W. 5). They caught the appellant while he was entering into the house of Ushabai (P.W. 2), some scuffle took place between them, but somehow appellant escaped and fled from the spot. Due to injury caused by appellant, Manoj fell. He was taken to Government Civil Hospital, Supela Bhilai, where he (Manoj) was declared brought dead.

(3.) Un-numbered merg report (Ex. P-4) was lodged at Police Chouki, GRP, Charoda, Distt. Durg, thereafter un-numbered Dehati Nalishi (Ex. P-2) was lodged against the appellant on the basis of written complaint Ex. P-8 made by Raghuvir Singh (P.W. 4) and FIR Exp. P-3 was also registered against the appellant. Inquest over the dead body of Manoj (henceforth referred to as 'deceased') was conducted, inquest report is Ex. P-10. Post mortem was got done by Dr. V.S. Baghel (P.W. 6) in which vide post mortem report Ex. P-14, he opined that cause of death of Manoj was shock due to visceral injuries and haemorrhage and nature of injuries is homicidal. He has further opined that time of death was within 24 hours prior to PM.