JIRJODHAN VERMA Vs. STATE OF CHHATTISGARH AND ORS

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 20.11.2009 passed by the Sessions Judge, District Kabirdham (Kawardha) in S.T. No.8/2009 convicting the accused/appellant under Section 302 of the Indian Penal Code (for short 'the IPC') and sentencing him to undergo R.I. for Life and fine of Rs.25,000/-, in default to undergo additional R.I. for 2 years.

(2.) Accused/appellant is the real brother of deceased Jaikumar. As per case of the prosecution, family partition amongst accused/appellant, deceased Jaikumar and Dhoor Singh (PW-3) had already taken place and as the accused/appellant and deceased Jaikumar were steeped in wine & speculation in which their entire property received in family partition had to be disposed off. Further case of the prosecution is that deceased Jaikumar had taken an insurance policy of Rs.10 Lac in which accused/appellant being his nominee was to be benefited in terms of money in case of accidental death of deceased. In the morning of 13.1.2009 the accused/appellant and the deceased were seen together by Dhursingh (PW-3) & Neelkumar (PW-7) and thereafter on 14.1.2009 the dead body of Jaikumar was recovered from under the bridge of Silhati river. One motorcycle was also found near the dead body of deceased. Chaturdas (PW-4), village Kotwar, had informed the police based on which Dehati Merg (Ex.P-6) was recorded at 9.55 a.m. and thereafter on the same day registered merg intimation (Ex.P-6A) was recorded. On the basis of merg, FIR (Ex.P-3) was registered on 15.1.2009 against unknown persons under Section 302 of the IPC. The Investigating Officer after summoning the witnesses prepared inquest over the body of deceased Jaikumar on 14.1.2009 vide Ex.P-2. Dead body was sent for post mortem examination to the Government Hospital, Lohara where Dr. Sanjay Kharsan (PW-9) conducted autopsy and noticed multiple injuries on his body. Cause of death was coma due to subdural haematoma. Duration of death was 10 to 15 hours before the examination. Accused/appellant was taken into custody and his memorandum statement was recorded on 15.1.2009 based on which stone used for committing the offence was seized vide Ex.P-11. Clothing of accused/appellant were seized vide Ex.P-10. Insurance policy was seized vide Ex.P-12. Seized articles were sent for chemical examination to the Forensic Science Laboratory from where report of Ex.P- 30 was received in which presence of blood on the clothing of accused/appellant and stone has been affirmed. Statements of witnesses were recorded under Section 313 of Cr.P.C.

(3.) On completion of investigation, charge sheet for the offence punishable under Sections 302, 201, 120B, 34 of the IPC was filed against accused persons, however, the trial Court has framed the charge under Section 302 of IPC, in alternative 302/34 of the IPC. The prosecution in order to bring home the charge levelled against accused persons examined eleven witnesses in all. Statements of the accused persons were recorded under Section 313 of Cr.P.C. in which they abjured their guilt and pleaded innocence & false implication.