PREAMLAL & ANOTHER Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal has been preferred under Sec. 374(2) of the Code of Criminal Procedure against the judgment dated 15.3.2004 delivered in Sessions Trial No.307 of 2003 by the 1st Additional Sessions Judge, Baloda Bazar, whereby the learned Additional Sessions Judge has convicted the Appellants under Sec. 302 of the Indian Penal Code and sentenced them to undergo imprisonment for life and to pay fine of Rs.1,000.00, in default of payment of fine, to further undergo rigorous imprisonment for 1 year.

(2.) Case of the prosecution before the Trial Court was that on 29.6.2003 deceased Sevakdas, his brother and other family members had gone to work in their agricultural field. The agricultural fields of the deceased and the Appellants were situated adjacent to each other. Sevakdas, his brother and other family members were raising soil over the medh (boundary) of their agricultural field and the Appellants were also working in their agricultural field. At about 2:00 p.m., the family members of Sevakdas went back to home for taking lunch, but Sevakdas stayed at the agricultural field and continued to work there. Thereafter, the Appellants, on account of an old enmity and raising of soil over the medh, made Sevakdas run and assaulted him with lathi and tangiya. Sevakdas fell into the agricultural field of Laindas and succumbed to the injuries sustained in the assault. Thereafter, the Appellants themselves went to Police Station Palari and informed the police about the incident. Constable Ashok Tiwari (PW-9) went to the house of deceased Sevakdas and informed his family members about the incident. Younger brother of the deceased Manoj Kumar Yadav (PW-4), who was taking rest at home after having lunch, went to the police station and asked the Appellants about the incident. The Appellants accepted that due to raising of soil over the medh a dispute arose and, therefore, they killed Sevakdas with lathi and tangiya. Having heard this from the Appellants, Manoj Kumar Yadav (PW-4) along with police officials went to the place of occurrence and saw the dead body of Sevakdas. He, thereafter, lodged First Information Report (Ex.P-7) in Police Station Palari.

(3.) During investigation of the offence, police prepared a panchnama (Ex.P-10) of the dead body of Sevakdas before witnesses and sent the dead body for post mortem. Plain and blood stained soil, a blood stained danda, a necklace of rudraksh, a tabiz and a blood stained small piece of white vest (baniyan) were seized before witnesses vide Ex.P-13. In his memorandum statement (Ex.P-11), Appellant Prem Lal stated that he had thrown the tangiya in a well. At his instance, the tangiya was seized vide Ex.P-12. A blood stained bamboo was seized from Appellant Lakhan Lal vide Ex.P- 14. Blood stained clothes of the Appellants and a torn white vest (baniyan) were seized vide Ex.P-15. Clothes of the deceased were also seized. In further investigation, statements of witnesses were recorded. Spot-map (Ex.P-4) was got prepared by the Patwari. Appellants Prem Lal and Lakhan Lal were arrested vide Exts.P-17 and P-18, respectively. Seized articles were sent to Forensic Science Laboratory, Raipur for chemical examination vide Ex.P-21. FSL Report is Ex.P-23.