GYAN SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 31. 1. 2002 passed by the 1st Additional Sessions Judge ambikapur in S. T. No. 319/2000 whereby learned Additional Sessions Judge after holding the accused appellants guilty for commission of offence under Section 302 read with Section 34 of the I. P. C. , for committing the murder of Kan Rai, sentenced each of the accused to undergo imprisonment for life and to pay a fine of Rs. 1,000, in default of payment of fine to further undergo R. I. for 6 months.

(2.) THE case of the prosecution, in brief, is that on 24-8-2000 at about 2. 30 p. m. , Nirmal kumar was at his residence, at that time, kenda Kumhar came to his house and informed him that Kan Rai is being beaten, therefore, he along with Kenda Kumhar went to Sita Jhorikha Khar agricultural field, he saw from 100 meter and shouted towards the accused persons as to why they are beating Kan Rai, at that time accused jhakadi was holding lathi in his hand. He stopped attacking Kan Rai. Accused Gyan singh was attacking with spade. After seeing them when they rushed towards them, accused Gyan Singh and Jhakadi ran away. The matter was reported by Nirmal Kumar under Ex. P1 in the Police Station lakhanpur. Station House Officer, Police station registered the crime under Section 302 read with Section 34 of the I. P. C. Merg intimation Ex. P2 was given by Nirmal kumar. The Investigating Officer left for scene of occurrence and prepared inquest ex. P4 on the body of deceased Kan Rai. Halka Patwari prepared the site plan Ex. P5. The Investigating Officer seized plain soil and blood stained soil from the place of occurrence under Ex. P6. Sleepers of Kan rai were seized under Ex. P7. One bamboo stick was seized from the place of occurrence. While in the police custody, accused gyan Singh gave memorandum Ex. P8, in pursuance of that, spade was seized at his instance under Ex. P9. While in the police custody, accused Jhakadi gave memorandum Ex. P10, in pursuance of that, at his instance lathi was seized under Ex. P11. Broken pieces of lathi were seized under Ex. P12. The body of the deceased was sent for post-mortem examination under Ex. P23a to the Primary Health Centre, Lakhanpur where Dr. Vedram Singh (PW10) conducted post-mortem and prepared post-mortem report Ex. P23. He opined that cause of death was excessive haemorrhage due to rupture of lung.

(3.) AFTER completion of the investigation, charge-sheet was filed against the accused persons in the Court of Chief Judicial Magistrate, Ambikapur, who in turn committed the case to the Sessions Judge Ambikapur from where learned 1st Additional Sessions judge received the case on transfer.