DINESH SINGH GOND Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present criminal appeal under Sec. 374(2) of CrPC has been preferred by the appellant herein against the judgment and order dtd. 28/1/2017 passed by the Second Additional Sessions Judge, Manendragarh, District Koriya in Sessions Case No.29/2015, by which the appellant has been convicted for the offence punishable under Sec. 302 of IPC and sentenced to undergo Imprisonment for Life with fine of Rs.2000.00 and in the event of non-payment of fine amount, to undergo additional Simple Imprisonment for six months.

(2.) Case of the prosecution, in brief, is that on 19/12/2014 at about 5:30 a.m., in his home situated at Village Ghatai Bachahapara, the appellant caused death of his son, Shivam, aged about 13 years, by assaulting him with axe (tangi). The matter was reported at Police Station Janakpur by PW-1 Kunwar Singh, elder brother of the appellant, who stated that the appellant used to consume liquor by selling paddy/rice kept in his house and on requesting him by his wife Laxmi Bai (PW-3) for not doing so, he also used to quarrel and beat her and for that reason, his wife is said to have left her matrimonial home and had gone to her paternal home about 11 days prior to the date of incident. On 19/12/2014, i.e., on the date of incident, in the morning at about 6-6:30 a.m., when Awdhesh Singh (PW-8), younger brother of the appellant, asked the appellant to open the door of his room, the appellant refused to open the door and told him that he had already killed his son, Shivam, and if he will be forced to open the door then he will kill PW-8 Awadhesh Singh also. PW-8 Awadhesh Singh then went to inform the villagers about the said incident and in between, the appellant ran away from the spot and thereafter ensanguined dead-body of Shivam was found inside the room.

(3.) On the basis of the said report, Dehati Merg Intimation was recorded vide Exhibit P-1 and after investigation, Merg Intimation was recorded vide Exhibit P-12 and F.I.R. was registered vide Exhibit P-11 against the appellant for the offence punishable under Sec. 302 of IPC. Spot Map was prepared vide Exhibit P-4. Inquest report was prepared vide Exhibit P-2 and the dead-body of deceased Shivam was subjected to post-mortem which was conducted by PW-15 Dr. R.K. Raman vide Exhibit P-15A in which the cause of death was opined to be due to excessive bleeding and cardio-respiratory arrest and the nature of death was homicidal. Appellant was taken into custody and his memorandum statement was recorded vide Exhibit P-6 pursuant to which, a bloodstained iron axe was recovered at his behest from the roof of his house vide Exhibit P-7. Nazri Naksha was prepared by the Patwari vide Exhibit P-5. Though seized axe along with the other seized articles were sent for chemical examination to F.S.L. Ambikapur vide Exhibit P-13, but no F.S.L. report has been brought on record by the prosecution for the reasons best known to them.