DUNDKA MURIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dtd. 4/6/2005 passed by III Additional Sessions Judge, Bastar at Jagdalpur in ST No.173/2004 convicting accused/appellant under Ss. 302 and 201 of IPC and sentencing him to undergo imprisonment for life, pay a fine of Rs.1000.00 and RI for five years, fine of Rs.1000.00 with default stipulations respectively.

(2.) Brief facts of the case are that on 15/4/2004 merg intimation Ex.P/16 was lodged by PW-5 Daluram, brother of deceased Sahdev, alleging in it that on 14/4/2004 his brother Sahdev had gone along with the appellant to jungle for collecting bamboo and on the same day after return the appellant informed him that while returning the deceased has jumped into well. On 15/4/2004 dead body of the deceased was taken out from the said well and some injury was noticed near his right ear. During merg enquiry it revealed that there was some dispute between the appellant and the deceased over a trivial amount of Rs.10.00 and the appellant after assaulting the deceased threw him into the well and he also jumped into the well to ensure death of the deceased. It is said that the appellant could not come out from the well and he raised cries, which was heard by PW-3 Smt. Beni Bai and thereafter, the appellant was taken out from the well and he went away from there. On the basis of merg enquiry, unnumbered FIR (Ex.P/3) was recorded on 16/4/2004 at the instance of PW-5 Dalluram at Police Outpost - Bastar. Thereafter, numbered FIR (Ex.P/4) was registered on 17/4/2004 against the appellant at Police Station - Jagdalpur under Ss. 302 and 201 of IPC. Inquest Ex.P/6 was prepared on the body of the deceased and thereafter, the body was sent for postmortem which was conducted on 16/4/2004 by PW-8 Dr. Ganesh Das vide Ex.P/12 who noticed no injury, internal or external, on the person of the deceased and also expressed his inability to give any opinion regarding cause of death of the deceased. However, he advised for sending viscera of the deceased for chemical examination so that cause of death could be ascertained. After completing investigation, charge sheet was filed against the accused/appellant under Ss. 302 and 201 of IPC and accordingly, charges were framed by the trial Court.

(3.) So as to hold the accused guilty, the prosecution examined 10 witnesses in all. Statement of the accused was also recorded under Sec. 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication.