BRIJESH KUMAR SINGH Vs. STATE OF CHHATISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 18-9-2001 passed by the 4th Additional Sessions Judge, Durg in Sessions Trial No. 495/96, whereby learned Additional Sessions Judge after holding the accused/appellant guilty for commission of offence under Sections 302 and 324 of the I. P. C. sentenced him to undergo imprisonment for life and to undergo R. I. for one year and to pay a fine of Rs. 1,000/-, in default of payment of fine to further undergo R. I. for three months, respectively.

(2.) Case of the prosecution is that on the fateful day at about 10 p.m. Jairam (PW-7) was sitting in his grocery shop, his father Gulab Chand (PW-8) and uncle Baijnath (since deceased) were also sitting at the shop, at that time, accused/appellant Brajesh along with his associates was passing through the street while abusing, therefore, Baijnath called them and asked Brajesh as to why he gave threatening to commit the murder of the friend of Raj Kumar, on which the accused/appellant replied, who is he to save him, he will commit his murder, and he abused him also in filthy language in the name of mother and sister. Brajesh was persuaded and when he was advised not to indulge in such activities, he took knife from the attire and attacked Baijnath by which Baijnath sustained injuries on back and chest. Brajesh also attacked Jairam with knife, Jairam sustained injuries on stomach. As Baijnath sustained fatal injuries, he was taken to Sector-9 Hospital.

(3.) Ex. P-13 report of the above incident was lodged by Jairam Gupta. Receiving this report, the Station House Officer, Police Station Chhaoni registered crime under Section 307 of the I. P. C. When Baijnath was being taken to the hospital, on the way he succumbed to the injuries sustained by him. The Investigating Officer left for the hospital and after giving notice Ex. P-14 to the Panchas, prepared the inquest Ex. P-15 on the body of Baijnath Gupta. During custody, Brajesh gave memorandum Ex. P-1 in which he stated that he gave knife to his brother Prakash for keeping the knife and he get the same recovered. Prakash gave memorandum Ex. P-2 that he gave the knife to Keshav Dayal Indoriya. Keshav Dayal gave memorandum Ex. P-3 that he has concealed the knife underground near the drain. At the instance of Keshav the knife was seized under Ex. P-4. Blood-stained soil and plain soil were seized under Ex. P-5. Site plan of the place of occurrence Ex. P-6 was prepared. Post-mortem on the body of Baijnath was conducted by Dr. D. K. Agra Wai. He opined that cause of death was respiratory failure due to injury to lung. He prepared the report Ex. P-9. Injuries of Baijnath were examined by Dr. J. Downa and report Ex. P-10 was prepared. Seized articles were sent for chemical examination the Forensic Science Laboratory, Sagar, from where report Ex. P-25 was received and knife Article 'C' was found stained with blood.