RAVISHANKAR Vs. STATE OF MADHYA PRADESH NAW CHHATTISGARH

JUDGEMENT

(1.) This is an appeal under Section 374 (2) of the Code of Criminal Procedure directed against the judgment of conviction and order of sentence dated 27-11-1999 passed by the Additional Sessions Judge, Jashpurnagar, in Sessions Trial No. 113/1999, whereby learned trial Judge holding the appellant guilty for committing the offence punishable under Section 302 of the Indian Penal Code; sentenced him to undergo imprisonment for life and to a fine of Rs. 5000/-, in default of payment of fine to undergo additional simple imprisonment for five years.

(2.) The prosecution case, in brief compass, is that minor daughter of Raimohan Lohar namely, Fuleshwari and appellant had some affairs. Earlier to the date of incident, also the appellant took Fuleshwari and kept her. Appellant is by caste Ghasi. Appellant was willing to marry Fuleshwari and had also proposed for it, but Raimohan on the ground that he being different in caste did not agree to it and sent his daughter to his matrimonial home at Harradipa. Due to all these reasons, the appellant was annoyed. On 2-3-1999, in the evening around 6 to 7 p.m., while Holey festival was being celebrated, Raimohan along with his wife Sukhmani Bai, Father Lallu Ram, cousin brother Sukhan Ram and father-in-law, were sitting in his house and they were consuming Hadiya (intoxicant). Soharan Ram and appellant came there to settle their dispute. Some altercation took place between them. Lallu Ram slapped Soharan Ram, who left the place. Appellant who was carrying a knife stabbed on the stomach of Raimohan and attempted to flee away from there. Lallu Ram chased and tried to catch him, but the appellant assaulted him also with knife and fled away from the spot. Raimohan was seriously injured; his intestine came out from his wound. Village Kotwar Silvestar Lakada, on being received information came and saw the condition of injured Raimohan. For want of conveyance facility Raimohan could not be taken to hospital in the night. On the next morning he died on the way when he was taken to Police Station.

(3.) Village Kotwar Silvestar Lakda lodged merg intimation and First Information Report. Paltu Singh Markan, Officer-in-charge, Police Station Sanna, recorded merg intimation and First Information Report, went to the spot for conducting inquest and to investigate into the crime. On the spot he conducted inquest, prepared his inquest report and forwarded the dead body of Raimohan to Primary Health Center, Manora, for autopsy. Dr. Ramdhan Singh Pekra, conducted autopsy on the body of the deceased Raimohan and opined that Raimohan died on account of septic shock haemothorax due to rupture of internal organs and death was homicidal in nature. He describing all the injuries found on the body of Raimohan, prepared post-mortem report and along with apparel of Raimohan sent it to the Police Station.