JAISINGH SAHURAM GOND Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 5-2-2003 passed by Second Additional Sessions Judge (FTC), Mungeli in Sessions Trial No. 205/2001 convicting the accused/appellant under Sec. 302 (in two counts) and 201 of the Indian Penal Code (for short 'the IPC') and sentenced him to undergo imprisonment for life, imprisonment for life; RI for seven years and to pay fine of Rs. 1000.00, Rs. 1000.00 and Rs. 500.00, in default of payment of fine to further undergo RI for one year, one year, and six months respectively with a direction to run the sentences concurrently.

(2.) In the present case, names of the deceased are Inderbai alias Inderwati, w/o the accused/appellant and Dhansingh, aged about 5 months, son of the accused/appellant and the deceased. On 23-3-2001 at about 11.20 a.m., Phool Singh (PW-1), a villager, reached to Police Station Kukdur and lodged merg (Ex-P/1 and P/2) stating therein that in the morning at about 6.00 a.m. Tihar Singh Gond, villager informed him that Inderbai and Dhansingh are lying dead on account of bum injuries. Thereafter, the villagers assembled at the place of incident and enquired about the incident. Appellant Jaisingh, husband of deceased Inderbai informed that at about 10-11 p.m. on 22-3-2001 on hearing a call to save "Bachao Bachao", he came out from the house and saw fire near the nala. When he reached near the spot, he saw that his wife was lying dead having bum injuries and his son Dhansingh was alive but after some time, he succumbed to those bum injuries. The Police registered merg intimation (Ex. P/1 and P/2) and thereafter prepared inquest on deceased Inderwati (Ex-P/5) and deceased Dhansingh (Ex. P/7) before the panch witnesses and sent the body for autopsy. Dr. V. P. Jaiswal (PW-7) conducted autopsy on deceased Inderbai (Ex. P-14) on 24-3-2001 and noticed following injuries and symptoms:

(3.) On the basis of the merg enquiry, Investigating Officer S.N. Sidar (PW-8) lodged FIR on 26-3-2001 by registering Crime No. 18/2001 under Sections 302 and 201 of the Penal Code against the present appellant. After completion of investigation, charge-sheet was filed before the Judicial Magistrate First Class, Mungeli, who registered the matter as Criminal Case No. 533/2001 and committed the matter for trial to the Court of sessions. The learned trial Judge received the case on transfer and conducted the trial. The accused was charged for the offence under Sections 302 (in two counts) and 201 of the IPC.