NARSINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) By this appeal, filed under Section 374(2) Cr. P.C., the appellant has questioned the legality and correctness of the judgment of conviction and order of sentence dated 23.11.2001, whereby, the learned Second Additional Sessions Judge (FTC), Bemetara, in S.T. No..319/2000, after holding the accused/appellant guilty for commission of the offence under Section 302 of IPC for causing death of Kunwar Singh, sentenced the appellant to undergo R.I. for life and to pay a fine of Rs. 5,000/-, in default of payment of fine to further undergo R.I. for 1 year.

(3.) The case of the prosecution in brief is that on 8.8.2000, at about 8.00 a.m., the accused/appellant went in front of the house of Kunwar Singh (since deceased) and called him. On hearing the call of the accused, Kunwar Singh came out of the house. The accused asked Kunwar Singh as to why he has diverted the course of water towards his field from accused field, on which, Kunwar Singh replied that he had not diverted the course of water towards his field. The accused/appellant asked Kunwar Singh that if he had not diverted the course of water, he should go to Mahamaya Temple, say so it firmly before the deity in the temple. On that Kunwar Singh started going towards Mahamaya temple, by the time hardly he could cover 20 steps, the accused/appellant said you are a liar, abused him in the name of mother and sister and attacked him with lathi, as a result of which, Kunwar Singh fell down on the ground. Thereafter, the accused/appellant assaulted Kunwar Singh 3-4 times with lathi and ran away from the place of occurrence. The witnesses-Umed and Rewaram lifted Kunwar Singh and took him to his house, family members of Kunwar Singh were informed, who were in their agricultural field. They came and took Kunwar Singh to the Primary Health Centre, Temri. The matter was reported to the Police Station Nandghat by his nephew- Lakhan, which was entered in the Roznamcha Sana under Ex. P/22. After entering the report in Roznamcha Sana, Head Constable-Manmohan Singh was sent to the site. Manmohan Singh, after reaching the site, sent to Dehati Nalisi Ex. P/1 to the S.H.O. Based on that, crime No.81/2000 was registered. Halka Patwari, prepared the site plan Ex. P/2. The requisition Ex. P/4-A was sent for medical examination of Kunwar Singh, on which, he was medically examined and the medical report Ex. P/4 was prepared by Dr. N.P. Jangde (PW-8). While in the Police custody, the accused gave memorandum under Ex. P/6-A. Based on that, Police recovered lathi, weapon of offence under Ex. P/7. However, in the meantime, Kunwar Singh succumbed to the injuries in the hospital. The Investigating Officer, after giving notice Ex. P/13 to the Panchas, Prepared inquest Ex. P/14 on the body of Kunwar Singh. The body of Kunwar Singh was sent for post-mortem under Ex. P/12-A, where Dr. S.K. Sharma, (PW-12) conducted the post-mortem and prepared the report Ex. P/11. A baniyan of the accused was seized under Ex. P/15.