DALIT KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 28.07.2012 passed by Additional Sessions Judge, Bemetara, District Durg in Sessions Trial No. 62/2010 convicting the accused/appellant under Section 302 of Indian Penal Code and sentencing him to undergo imprisonment for life with fine of Rs. 500/-, in default of payment of fine to further undergo rigorous imprisonment for two months.

(2.) Tolaram (PW-1) has three sons namely Manghilal, Top Singh and Gendram. Deceased Haldhar was the son of Manghilal from first wife whereas appellant Dalit is also his son but from the second wife. Thus deceased Haldhar and the appellant are the step brothers and Top Singh is their uncle. According to the case of the prosecution, initially the family partition was done by Tolaram amongst his three sons and then Manghilal also partitioned his land amongst his four sons i.e. Haldhar from first wife as well as Dalit, Lalit and Falit from second wife. It is said that there was some land dispute between deceased Haldhar and appellant Dalit, Lalit and Falit. Allegedly, on 8.6.2010 the deceased had gone to the house of Tolaram (PW-1) and after taking water he went towards the house of the accused/appellant. However, after 4-5 minutes when this witness came out of his house, he saw that the accused/appellant as well as his juvenile brothers and sister Falit, Lalit and Manisha were assaulting the deceased with axe and club. According to this witness, accused/appellant was assaulting the deceased with axe whereas his juvenile brothers and sister namely Falit, Lalit and Manisha were assaulting him with club and that the incident was witnessed by Top Singh also. Unnumbered FIR (Ex.P-1) was lodged on 8.6.2010 by Tolaram (PW-1) followed by numbered one (Ex.P-2) registered against the accused/appellant and the juvenile accused persons under Section 307/34 IPC. However, while being taken to hospital Haldhar died and based on the information received from the hospital un-numbered merg (Ex. P-13) was registered followed by numbered one (Ex.P-21) recorded on 8.6.2010. Inquest on the body of the deceased was conducted vide Ex. P-5. Thereafter, postmortem examination was conducted by Dr. C.B. Mishra (PW-26) who gave his report Ex. P-26 stating that he noticed incised wound, contusion and fracture on his occipital and parietal region and the cause of death was the injury to vital organ i.e. brain resulting in syncope and the death was homicidal in nature. After investigation, charge-sheet was filed against the appellant under Section 302 IPC and then the Court below also framed the charge accordingly. The other juvenile accused persons namely Lalit, Falit and Manisha were however being prosecuted by the Juvenile Court.

(3.) In order to prove the guilt of the accused/appellant, prosecution has examined 27 witnesses in support of its case. Statement of the accused/appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied his guilt and pleaded innocence and false implication in the case.