SURESH KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 6.10.2010 passed by the Additional Sessions Judge (FTC), Dhamtari in S.T.No.52/10 convicting the accused/appellant under Sections 302, 201 of IPC and sentencing him to undergo imprisonment for life, to pay a fine of Rs.500/- and RI for 7 years, fine of Rs.500/- respectively with default stipulations.

(2.) In the present case, name of the deceased is Santosh Kumar Netam who was running a small grocery shop at Village - Aamgaon, Police Station - Sihawa, Distt. Dhamtari. As per the prosecution case, the accused/appellant had taken some grocery items worth Rs.60-70 on credit from the shop of the deceased and when the deceased asked for his money the appellant refused to give the same and there was some hot talk between them. It is alleged that in between 29.1.2010 and 1.2.2010 the accused/appellant committed murder of the deceased by causing several injuries on his head by pickaxe and then buried his dead body in the field on one Diwan Singh. When the deceased Santosh Kumar did not return, a missing report was lodged by his father PW-1 Vishwanath and the villagers had extensively search Santosh Kumar. On 1.2.2010 in the village meeting PW-2 Chhabilal informed the villagers that on 29.1.2010 when he was going to the house of one Ratiram, near the field of Ramadhin he noticed a rope tied on both ends with the polls across the road, however, he crossed the road having ducked the rope. When the villagers went to the field of Ramadhin, they noticed mark of rope on the polls of both sides, during search of the nearby area they noticed blood on the field and fresh soil dug out. When the said soil was removed the dead body of the deceased was found with head wrapped in a polythene. Merg intimation Ex.P/1 was recorded on 1.2.2010 at the instance of PW-1 Vishwanath, father of the deceased. On that date itself FIR (Ex.P/2) was registered under Sections 302 and 201 IPC against unknown person. Inquest over the dead body was prepared and the body was sent for postmortem which was conducted on 2.2.2010 vide Ex.P/15 by Dr. AK Netam (PW-15) who noticed several injuries on the body including fracture of left and right temporal bone, congestion of lungs, windpipe, liver, kidney, membrane of intestines, tongue protruded and in his opinion the cause of death was asphyxia due to cardio respiratory arrest caused by strangulation and that the death was homicidal in nature. During investigation memorandum of the accused/appellant (Ex.P/6) was recorded on 6.2.2010 wherein he has stated that on 29.1.2010 he committed murder of the deceased by causing injuries with pickaxe and strangulating him with gamchha of the deceased and the said weapon as also his clothes have been concealed in his house. Pursuant to his memorandum, seizure of pickaxe and clothes of the appellant stained with blood like spots was made vide Ex.P/7. The seized weapon was sent to the doctor for examination and vide query report Ex.P/16 it has been opined by Dr. AK Netam (PW-15) that the injuries sustained by the deceased could be caused by the said weapon seized by the police from the possession of the appellant. The seized articles were also sent for chemical examination to FSL, however, there is no FSL report on record. After investigation charge sheet was filed under Sections 302 and 201 IPC and accordingly charges were framed against the accused/appellant.

(3.) So as to hold the accused/appellant guilty, the prosecution examined as many as 17 witnesses. Statement of the accused/appellant was also recorded under Section 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication.