JHUMUKLAL Vs. STATE OF C G

JUDGEMENT

(1.) THE Appellants have preferred this appeal under Section 3 74(2) of the Code of Criminal Procedure as the learned Additional Sessions Judge Rajnandgaon vide his judgment dated 06.03.1999 passed in Sessions trial No. 130/97 convicted Appellants No. 1, 2 & 3 under Section 302/34 of the IPC and Appellant No. 4 under Section 302 read with Section 109 and 120-B of the IPC and sentenced Appellants No. 1, 2 & 3 to undergo imprisonment for life and to pay fine of Rs. 1,000/- each and in default of payment of fine, additional RI for two months. Appellant No. 4 has been sentenced to Imprisonment for life and fine of Rs. 1,000/- in default of payment of fine additional R.I. for two months.

(2.) CASE, of the prosecution is that Latikabai (PW-1) gave information in the Police Station Rajnandgaon on 25.07.1997 between 11 am to 12 noon to the effect that Devantinbai of her village, who was seen hale and healthy on 24.07.1997, has died; her daughter Ramkali and son-in-law Jhumuklal are preparing to cremate her dead body in haste. The villagers who have seen the dead body of Devantinbai stated that blood was oozing from the nose and mouth of the deceased and there was a property related dispute between Devantinbai, her daughter Ramkali and son-in-law Jhumuklal. Death of Devantinbai was suspicious and on the basis of this report, merg was registered. SHO of the concerned police station proceeded for the scene of occurrence, prepared spot map vide Ex. P/1. The body of Devantinbai was sent for postmortem to the District Hospital Rajnandgaon and Dr. S. Bakshi (PW-11) conducted postmortem and submitted his report vide Ex. P/26. Crime No. 400/1997 was registered on the basis of FIR (Ex. P/27) given by Bharati. During the investigation, plain and blood stained soil from the place of occurrence, blood stained quilt, blood stained sari were taken into possession vide Ex. P/2. The Viscera of Devantinbai in a plastic container, and sample of the liquid in another container, ornaments owned by the deceased were seized vide Ex. P/3. General power of attorney (Ex. P/4) executed by Devantinbai in favour of Appellant No. 1 dated 31.10.1995, Will dated 31.10.1995 (Ex. P/5) in favour of Jumuklal, another Will dated 03.11.1995 (Ex. P/6) by Devantinbai in favour of Jumuklal were taken into possession vide seizure memo Ex. P/14. On the memorandum (Ex. P/7) of Jhumuklal-accused No. 1, two blood stained bed sheets were recovered vide seizure memo Ex. P/11. On the memorandum (Ex. P/8) of Ramsilabai-accused No. 3, blood stained sari was taken into possession vide seizure memo Ex. P/13. On the memorandum (Ex. P/9) of Mansukh, a piece of white blood stained cotton cloth was taken into possession vide seizure memo Ex. P/12. Similarly, on the memorandum (Ex. P/10) of Ramkali, tooth of the deceased was taken into possession vide seizure memo Ex. P/15. Nails of both hands of the accused persons Jhumuklal, Mansukh and Ramkali were cut and seized vide Ex. P/16, 17, 18. Blood stained cloths of the accused Mansukh, Jhumuklal were taken into possession vide Ex. P/19 and Ex. P/20 respectively. Tooth of the deceased. seized at the instance of Ramkali was sent to the doctor for his opinion and after examination; he opined that the seized, tooth is human tooth. Blood stained articles were sent to the Regional Forensic Science Laboratory, Raipur for chemical examination vide Ex. P/28. Crime detail was prepared on 25.07.1997, detailing the site plan of place of incident. The accused persons were arrested on 26.07.1997 vide Ex. P/41, P/42, P/43 and P/44. Rin Pustika (Ex. P/45, P/46 & P/47), registered notice and envelops Ex. P/48 & P/49, Public notification issued by Devantinbai vide Ex. P/50, Public notification issued by Ram Kali (vide Ex. P/51) and treatment papers of Purnima Sahu (Ex. P/53, P/54 & P/55) were taken into possession vide Ex. P/l 4. The report of F.S.L. is Ex.-P/56. The samples were again sent to the Serologist for confirmation of origin and report is Ex.-P/57.

(3.) CHARGES under Section 302, in the alternative, 302/34 of the I.P.C. and 201/34 of the I.P.C. were framed against the Appellants. The Appellants abjured their guilt.