BHAGHWAT KOSALEY Vs. STATE OF C.G.

JUDGEMENT

(1.) The appellant stands convicted for the homicide of two persons separately to life imprisonment under Section 302 I.P.C. along with fine of Rs. 2000/- each failing which he would have to undergo further one year of rigorous imprisonment and further to three years of rigorous imprisonment under Section 201 I.P.C. along with fine of Rs. 500/- failing which he would have to undergo further six months of rigorous imprisonment. The sentences have been directed to run concurrently by the Second Additional Sessions Judge, FTC, Mungeli, Bilaspur in Sessions Trial No. 33 of 2008 dated 30.10.2010. Co-accused Shatruhan Dhuri tried under Section 120-B only has been acquitted. Jarhagaon P.S. Case No. 49 of 2008 was lodged on 27.5.2008, by Mirza Hafiz Baig, PW 1, a Lawyer by profession, under Section 302 I.P.C. against unknown persons, marked; Exhibit 1. The informant stated that the previous evening his mother, Rabia Begum (deceased) left home at 6:00 PM stating that she was going to the house of her daughter Parveen Begum, PW 17, at Loharkapa. The latter confirmed her arrival and also told the informant ' that the mother had gone out after a call received from the appellant, Pargania and Guru Bachan who were all brick kiln owners. His brother Mirza Hasim @ Jaan (deceased) also arrived. At about 7:30 PM he left to look for his mother. Both did not return home. On 27.5.2008 at about 7, PW 17 inquired from the informant the whereabouts of her mother and brother. The informant found the dead bodies of his mother and brother on the way to the brick kiln. He suspected the appellant, his friends Pargania Satnami, Guru Bachan, Shatruhan Dhuri, Resham Lal Satnami, Khushwaha Satnami, Ram Lal Satnami, Shyam Lal Khande and their friends of having killed the two deceased as they had earlier threatened to kill because of land dispute.

(2.) The postmortem of the two deceased was done on 27.5.2008 by PW 16, Dr. V.V. Gadliv. A total of 18 injuries were found on deceased, Rabia Begum. Two punctured wounds were caused by hard pointed object, one incised wound caused by sharp instrument and the others by hard blunt substance. Death was opined due to cardio pulmonary failure caused by hemorrhage, shock and injury caused by sharp object to the brain marked as Exhibit 22. The other deceased had 13 injuries on his person of which three were caused by sharp instrument incised in nature, one punctured wound by pointed object and the rest by hard blunt substance marked as Exhibit 23. The appellant was taken into custody on 31.5.2008 at 12:15. His confession was recorded under Section 27 of the Evidence Act on 31.5.2008 at 10 o'clock, marked Exhibit 15, on the basis of which the "Tabbal" alleged to have been used for assault and its wooden handle were recovered from the river, marked Exhibit 16. A wooden plank with blood stain was also recovered from the place of occurrence.

(3.) The material witnesses were, PW 1 Mirza Hafiz Baig, PW 17 Shabana Praveen, PW 20 Mirza Hafiz Baig @ Raju all relatives of the two deceased. PW 14 Ram Milan, was the Dog Instructor and PW 22, the Investigating Officer, Smt. Toppo.