KRISHNACHANDRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellants herein under Sec. 374(2) of the Cr.P.C is directed against the impugned judgment of conviction and order of sentence dtd. 24/8/2015 passed in Sessions Trial No.71/2014 by the Sessions Judge, Baikunthpur, Dist. Korea (C.G.) by which the appellants stand convicted and sentenced as under:- <FRM>JUDGEMENT_29_LAWS(CHH)8_2023_1.html</FRM>

(2.) Case of the prosecution, in short, is that at village Chhindiya, in the intervening night of 10/11/3/2014, the appellants along with other co-accused persons, namely, Jugeshwar and Lalla Prasad @ Lala, in furtherance of common intention and motive, have committed assault upon deceased Gulabram by fist, leg and sharp edged weapon after confining him in the house of appellant No.1, as a result of which, the deceased Gulabram sustained grievous injuries and took him to Government Hospital, Baikunthpur, for treatment, the deceased has died during treatment. The matter was reported to the Police Station Baikunthpur where vide Ex.P.28 F.I.R. was lodged at zero number, on the basis of which, numbered F.I.R. was registered at Patna, District Korea, vide Ex.P.29 by Inspector F.Kerketta (P.W.17). Merg intimation vide Ex.P.1 was recorded. Investigating Officer prepared inquest proceedings vide Ex.P.4. Spot map was prepared vide Ex.10. Thereafter, dead body was sent for examination to Government Hospital, Baikunthpur where Dr. S.H.Shende (P.W.10) conducted post-mortem vide Ex.P.21 and opined that cause of death was due to haemorrhagic shock on account of head injury and no definite opinion could be given with respect to death of deceased. Plain soil and bloodstained soil were seized on the spot vide Ex.P.6. During investigation, the appellants were taken into custody. Memorandum statement of the appellant No.1 - Krishnachandra was taken vide Ex.P.11 and at his behest an adze (Kulhadi or Tangi) was seized from him vide Ex.P.12. Similarly, memorandum statement of Babulal (appellant No.2) was taken vide Ex.P.13 and bamboo stick was seized from him vide Ex.P.14. Vide Ex.P.17 cloths of deceased was seized. Vide Ex.P.8 spot map was prepared, in which, details of spot were mentioned. Vide Ex.P.22 query report with respect to injuries caused on the body of deceased has been obtained from Dr.S.H.Shende who has opined that those injuries could be caused by other person. Seized articles were sent for chemical examination to F.S.L. and vide Ex.P. 34, F.S.L. report was brought on record and blood was found on the cloths of the deceased, soil and lathi seized from the appellant Babulal whereas no blood was found on weapon of offence, i.e., adze and lathi/stick, seized from the appellants Krishnachandra and Jugeshwar. Vide Exs.P.18, 19 and 20 the appellants were arrested.

(3.) After due investigation, the appellants were charge-sheeted before the Court of Judicial Magistrate First Class, Baikunthpur and the case was committed to the Sessions Court for hearing and disposal in accordance with law, in which, appellants/accused persons abjured their guilt and entered into defence by stating that they have not committed the offence and claimed trial.