KANSHIRAM SAHU Vs. STATE OF C.G.

JUDGEMENT

(1.) Since, all these appeals arise out of the common judgment dtd. 4/10/2019, passed by the 3rd Additional Sessions Judge, Balodabazar (CG) in Sessions Trial No.05/2018, they are being disposed of by this common judgment. By the impugned judgment, the appellants have been convicted and sentenced as under :- <IMG>JUDGEMENT_45_LAWS(CHH)4_2025_1.jpg</IMG>

(2.) Briefly stated, the facts of the prosecution case are, that on 19/9/2017, a Ward Boy of the District Hospital, Balodabazar, lodged the Merg intimation (Ex.P-12) before the Police Station- City Kotwali, Balodabazar, intimating that the deceased- Raja @ Sanjay Vaishnav was brought dead by his wife, namely, Smt. Savitri Bai and, during investigation, it was revealed that said Savitri Bai had illicit relations with the appellant- Hetram Sahu, owing to which, he frequently visited her house. It is alleged further that on 18/9/2017, the said appellant along with Pappu @ Kashi Sahu, the another accused, purchased liquor and came to the house of the deceased at Lohia Nagar, Balodabazar. It is alleged further that in the house, the deceased had used filthy words to his wife, which got annoyed to said Hetram Sahu, who then assaulted him (deceased) with the aid of cricket-bat on his head with an intention of causing his murder, while others', i.e. Pappu @ Kashi Sahu and the wife of the deceased- Savitri Bai have supported his alleged act. On account of the alleged assault, he sustained serious injuries on his head and was admitted into the Hospital, but was declared brought dead.

(3.) Inquest (Ex.P-2) of the dead body of the deceased was conducted on 19/9/2017 and was sent for autopsy, which was conducted by Dr. Prashant Verma (PW-12), who vide his report (Ex. P-22) opined the cause of death to be hemorrhage and shock, which occurred as a result of head injuries caused by hard and blunt object. The statement of minor daughter of the deceased, namely, Riya was recorded under Sec. 161 Cr.P.C. on 19/9/2017, while the statement (Ex.P-8) of the minor son- Lucky @ Tushar Vaishnav (PW-4) on 21/9/2017 and that by recording the statements of others' and based upon the merg enquiry, an FIR (Ex.P-26) was registered on 21/9/2017 in connection with Crime No.392/2017 against the accused/appellants under Ss. 302, 201 and 109 read with Sec. 34 of IPC. The appellants were arrested on 21/9/2017 and based upon the disclosure statement (Ex.P-17) of the appellant- Hetram Sahu, a bloodstained bat was recovered vide seizure memo (Ex.P-19) in presence of two witnesses, namely, Rajendra Kumar and Nilkanth, while white-black (check) colour of his clothes (shirt) vide Ex.P-21 and, the blue colour slippers with bloodstained were recovered from the other accused Pappu @ Kashi Sahu at his instance on 21/9/2017 vide seizure memo (Ex.P-20) based upon his disclosure statement (Ex.P-18) and, the query report (Ex.P-23) of the alleged seized articles plus the bloodstained curtain (Parda) were made on 19/10/2017 and sent for chemical examination, where human blood was found on the articles, i.e. cricket-bat, marked as "E" and clothes "F-1" and "F-2" of said Hetram Sahu and the 'paper', marked as "A" alleged to have been recovered from the spot, and blood group "O" was detected from the alleged "bat" and "paper" vide FSL report (Ex.P-38). After completion of the usual investigation, the charge-sheet was submitted before the Court of Chief Judicial Magistrate, Balodabazar against the appellants for the commission of the offence punishable under Ss. 302, 201 and 109 read with Sec. 34 of IPC and, the matter was, thereupon, committed to the trial Court, where the charge has been framed against them under Ss. 120-B, 302/34 and 201/34 of IPC, which was denied by them and claimed to be tried.