GAJJOO Vs. STATE OF M P NOW CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 4th May 1999 passed by the Additional Sessions Judge, Janjgir in S. T. No. 201/98 whereby learned Additional Sessions Judge after holding the accused/appellant guilty for commission of offence under Section 302 of the I. P. C., sentenced him to undergo imprisonment for life & to pay a fine of Rs. 1,000/-, in default of payment of fine to further undergo R. I. for two months.

(2.) The case of the prosecution, in brief, is that on 22-1-1998 in between 3-4 p.m. when Budhwara Bai along with her daughter Ram Kali were standing at tailoring shop of Shyamlal (PW-1), at that time, all of a sudden, accused Gajju Sarathl came on the scene, he caught hold of Budhwara Bai by her hairs, dragged her and stabbed her on the stomach with a knife, as a result of which she fell down on the ground. In the meantime, Ram Kali daughter of Budhwara Bai snatched knife from the hands of the accused. The accused ran away. Devnarayan (PW-4) also appeared on the scene, he tried to catch the accused but the accused ran away. As a result of stab injury, blood started oozing out of the injury, Budhwara Bai died instantaneously. The matter was reported by Shyamlal (PW-1) in the Police Station Saragaon under merg intimation Ex. P/4, based on that F. I. R. (Ex. -P/1) was registered. The I. O. left for scene of occurrence, he prepared site plan Ex. P/2, he seized 4 blouse under Ex. P-3, after giving notice Ex. P/5 to the Panchas, inquest report Ex. P/6 was prepared on the body of Budhwara Bai. Bloodstained soil and plain soil was seized under Ex. P/7. Knife, weapon of offence, and Lungi were seized from the place of occurrence under Ex. P-8. Clothes of the accused were seized under Ex. P/10. The body of Budhwara Bai was sent for postmortem exanimation to the primary Health Centre, Champa under Ex. P/13 where Dr. V. K. Agrawal (PW-10) conducted postmortem on the body of the deceased and opined that cause of death was shock due to excessive haemorrhage as a result of injury to the vital organ (left lung). Ram Kali (PW-2) was also examined by the doctor and two abrasions were found on her body Dr. V. K. Agrawal prepared the injury report Ex. P/ 15. The injuries on the body of Gajju was also examined on 23-1-1998, two incised wounds and 3 abrasions were found on his body.

(3.) After usual investigation, charge sheet was filed against the accused in the Court of Judicial Magistrate, 1st Class, Janjgir, who in turn, committed the case to the Sessions Judge, Bilaspur, from where learned Additional Sessions Judge, Janjgir received the case on transfer for trial.