DANESHWAR DEWANGAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant assails the judgment of conviction dated 20.03.2002 passed by the IInd Additional Sessions Judge, Baloda Bazar, in Sessions Trial No.147 of 2001. By the said judgment, the court below having found the appellant to be guilty of offence under Sec. 302 Penal Code convicted and sentenced him to undergo RI for life with fine of Rs.1000 with default stipulation.

(2.) The prosecution case in brief is that, the deceased Baisakhu was working as night guard at 132 KV Sub Station, Duldula, Police Station, Simga, District Raipur. In the intervening night of 13-14th Jan., 2001, the deceased is said to have left his house at around 09:30 pm but did not reach the place of working i.e. Sub Station Duldula. His dead body was found on the path way between the Sub Station and the colony where the workers of the said sub station had their houses.

(3.) One BP Bharat is said to have first seen the dead body and identified the same to be that of Baisakhu. He thereafter lodge a report which was recorded as Merg Intimation on 14.01.2001. Subsequently, an FIR (Ex. P/2) was also lodged on the same day against the unknown person. Inquest (Ex. P/3) was also prepared and in the course of investigation, the authorities collected bloodstained soil and seized Mufler, underwear, woollen paint, hair pieces and cycle. Later on, the body was sent for postmortem. The Doctor, after conducting the postmortem gave a report (Ex. P/6) opining that cause of death was hemorrhagic shock due to head injury and mode of death was homicidal.