LAWS(CHH)-2004-3-2

DEV SINGH GOND Vs. STATE OF CHHATISGARH

Decided On March 16, 2004
DEV SINGH GOND Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) Accused/appellant Dev Singh has preferred this criminal appeal under Section 374(2) of the Code of Criminal Procedure, 1973 being aggrieved by the judgment of conviction and sentence dated 24-10-1994, passed by the learned seventh Additional Sessipns Judge, Bilaspur in Sessions Trial No. 302 of 1992 whereby the learned Seventh Additional Sessions Judge after holding the accused/appellant guilty of the offence punishable under Section 302 of the Indian Penal Code convicted and sentenced him to undergo imprisonment for life.

(2.) Briefly stated the prosecution case for disposal of this criminal appeal is that on 27-6-1992 one Dhan Singh lodged a report at Kota Police Station stating that he is Patel of village Baheramuda. In the morning accused Dev Singh came to his residence and informed that on the previous evening some quarrel took place between him and his uncle Manbhawan Singh (since deceased) and he assaulted his uncle and in the night his uncle Manbhawan Singh died. On this, he called the Kotwar and the villagers namely Dhan Singh, Dhanman Singh etc. and on enquiry in the presence of all the persons the accused again made extra judicial confession before them to the effect that on the previous evening he assaulted his uncle Manbhawan Singh and due to the assault his uncle died in the night. Dhan Singh and other villagers went to the house of accused Dev Singh and saw the dead body of Manbhawan Singh was lying in the inner room of the house. The injuries were present on his hand, legs and backside and blood clot was also present on the body. The report lodged by Dhan Singh is Ex, P/1. After registering the case the Station House Officer S. L. Singh proceeded to the scene of occurrence and after giving notice to the Panchas he prepared the Panchnama (Ex. P/2) of the dead body of Manbhawan Singh. The dead body of the deceased was sent for post-mortem examination to the Primary Health Centre, Kota. Dr. S. K. Verma (PW- 10) conducted the autopsy on the dead body of the deceased and prepared the postmortem report Ex. P/15. The dead body of the deceased was handed over to Dhan Singh vide Ex. P/3. Vide Ex. P/4 the plain soil and the bloodstained soil were seized from the place where the dead body was lying. The accused gave the memorandum (Ex. P/6) under Section 27 of the Evidence Act during the investigation regarding the weapon of offence-axe and the club and in pursuance of that the accused got recovered the axe vide Ex. P/5 and the bamboo club vide Ex. P/7. The plain soil and the bloodstained soil were also seized from the place of occurrence under Ex. P/8. The clothes of the accused were seized under Ex. P/9. The accused was arrested vide Ex. P/10. The clothes of the deceased were also seized vide Ex. P/13. Vide Ex. P/14 the Investigating Officer asked for the opinion of the doctor as to whether the injuries, which were found on the dead body of the deceased, could be caused by the seized axe and the bamboo club. On the overleaf of this requisition the doctor gave his opinion which is Ex. P/ 14A.

(3.) The Police after completing the investigation filed the charge-sheet against the accused/appellant in the Court of Judicial Magistrate First Class, Bilaspur who in turn committed the case to the Sessions Judge, Bilaspur from where the learned Seventh Additional Sessions Judge, Bilaspur received the case on transfer.