PRAMOD SINGH Vs. STATE OF CHHATISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 24th April, 2000, passed by the Additional Sessions Judge, Rajnandgaon in Sessions Trial No. 69/99, whereby learned Additional Sessions Judge after holding the accused/appellant guilty for commission of offence under Sections 302 & 394 read with Section 397 of the I.P.C., sentenced him to undergo imprisonment for life and pay a fine of Rs. 2,000/-, in default of payment of fine to further undergo R.I. for three months and to undergo R.I. for seven years and pay a fine of Rs. 200/-, in default of payment of fine to further undergo R.I. for 15 days, respectively.

(2.) Case of the prosecution, in brief, is that deceased Subhash was working as Chowkidar in Rungta Rice Mill. On 8-3-1999, he was on duty since 6 p.m. to 6 a.m.. In the night, when he was sleeping under the staircase, murder of Subhash was committed. There was an adjoining rice mill in the name of Shivnath Rice Mill, where Munnalal (PW-5) and Kalika Prasad Shrivastava (PW-6), Chowkidar, were on duty. At about 12 midnight, the accused entered that mill which was noticed by Kalika Prasad Shrivastava, ultimately the accused was caught near big fan of the mill and was locked in a bath room. On enquiry, he disclosed his name as Subhash and said that he is working in the adjoining mill. Owner of Shivnath Rice Mill was informed about this incident. In the morning, the accused asked to allow him to go for attending the call of nature, but he was informed that he cannot be allowed, on which the accused threatened that he will commit suicide. Owner of the mill was informed and the owner asked these persons to open the door. After opening the door, the accused came and sat on the staircase. At that time, owner of mill came and when these persons started talking with the owner of the mill, the accused taking chance ran away. The matter was reported to the Police under Ex.P-3 by Mahendra Rungta (PW-2) that "he is the owner of Rungta Rice Mill, today at about 8 a.m. he received a telephone call from Santosh Agrawal, owner of the adjoining rice mill, who informed him that one thief has been caught in the night by Munnalal, he has been locked in a bathroom in the morning when door of the bathroom was opened, the person ran away and the Chowkidar of my mill has been murdered, on which he went to the spot along with Santosh Agrawal and saw blood on the floor under the staircase, the body of Subhash was lying there covered by jute bag".

(3.) Receiving this report, the Station House Officer, Police Station: Lalbag registered offence under Section 302 of the I.P.C. and left for the scene of occurrence. After giving notice Ex. P-1 to the Panchas, he took into possession one dagger stained with blood, one bottle of country made liquor, one Chaddar, one pair of black shoe, one jute bag and one empty match box under Ex. P-2. One black colour Atlas cycle No. MP 320077 on the backside of which, the name of Pramod Singh, Station Para, Ward No. 9, was written with red paint, was seized under Ex.P-6 from the place of occurrence, the rice mill. While in police custody, the accused gave memorandum Ex.P-8 regarding the slipper of deceased Subhash and Rs.400/-, in pursuance of that he got recovered Rs. 400/-, slipper, one pant and sando banian under Ex. P-7. After cutting nails of the accused, same were also taken into possession under Ex. P-l0. Inquest on the body of Subash Ex. P-14 was prepared by the Investigating Officer. Test identification parade of the accused was conducted by the Executive Magistrate and identification memos Exs.P-5, P-11, P-13, P-20 & P-21 were prepared. Test identification of the slippers of deceased Subhash was also conducted by the Executive Magistrate and test identification memo Ex. P-25 was prepared. Body of Subhash was sent for post-mortem examination to Government Hospital, Rajnandgaon where Dr. H.K. Joshi conducted post-mortem on the body of Subhash and opined that the cause of death was excessive loss of blood, injuries to vital organ and the death was homicidal in nature. Injuries on the body of the accused were also examined by Dr. S.K. Mandal who prepared the report Ex.P-18. Recovered articles were sent for chemical examination to Forensic Science Laboratory, Sugar, from where the report Ex. P-23 was received. Site plan Ex. P-26 was prepared by the Investigating Officer. Serologist's report Ex. P-30 was received.