BETI CHINGA Vs. STATE OF C G

JUDGEMENT

(1.) THE Appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure as he stands convicted for causing death of Rawa Hidme, convicted under Section 302 of the Indian Penal Code of sentenced to undergo imprisonment for life.

(2.) THE case of the prosecution, in brief, is that on 14.10.1988 Rawa Soma gave information in the Police Chowki Pamed to the effect that on 12.10.1988 at about 17.00 hrs. when deceased Rawa Hidme was sitting in front of her house, accused Beti Chinga came in a drunken condition, assaulted the deceased with an axe on her occipital region of head, as a result of which she died on spot and ran away from there. THE incident was witnessed by Rawa Mase (PW-4). On the basis of this information FIR (Ex.P-4) was recorded and on the basis of Ex.P-4 Crime No. 26/88 under Section 302 of the I.P.C. was registered against the Appellant in the Police Station Golapali. After registering the offence, the investigating Officer proceeded for scene of occurrence, inquest over the dead body of deceased Rawa Hidme was performed in presence of witnesses vide Ex.P-5. Dead body was sent for postmortem examination to Primary Health Center, Jagargunda vide Ex.P-7 and Dr. S.K. Garg (PW-2) after conduction the autopsy submitted his report vide Ex.P-1. In the postmortem, the doctor (PW-2) Performing autopsy found lacerated wounds at the occipital region of skull, lacerated wound about 2 cm right to wound No. 1, lacerated wound about 3 cm left to the wound No. 1 and bone fractured irregular. Occipital region of brain is ruptured in irregular way. Cause of death according to postmortem report is shock due to internal haemorrhage. It is homicidal in nature. Blood stained axe was seized from the accused vide Ex.P-8, one old fainted Ghisidh and a gunny bag containing blood stains was seized vide Ex.P-9. Seized axe was sent to doctor for his opinion whether the injury present over the person of deceased could be caused by the weapon in question and whether the axe contains human blood. In reply to the queries, the doctor vide his opinion Ex.P-2 opined that death was possible by the weapon in question and blood like substance was there in the axe. However, for confirmation the doctor advised that the same be referred to Forensic Science Laboratory for chemical examination. Spot map was got prepared by the Halka Patwari (PW-3) vide Ex.P-3.

(3.) HOMICIDAL death of deceased Rawa Hadme is not in dispute. Even otherwise, from the statement of PW-2 Dr. S.K. Garg, who has conducted the postmortem over the dead body of deceased, found three lacerated wounds over the occipital region of deceased and opined that cause of death is shock due to internal hemorrhage and the same was homicidal in nature, the fact that death of deceased Rawa Hadme was homicidal in nature is established.