SONU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 30.07.2011 passed by the Sessions Judge, Raipur in ST No.39/2011 convicting the appellant under Sections 302/34 and 324/34 of IPC and sentencing him to undergo imprisonment for life, to pay a fine of Rs.1000/- with default stipulation and to undergo RI for one year respectively.

(2.) Brief facts of the case are that on 18.10.2010 at about 8-8.30 pm deceased Manish and his mother had gone to the shop of Rajendra Kumar @ Raju (PW-1). At that time, accused/appellant Sonu, another accused Devkumar @ Deva and juvenile accused Mona Shukla were consuming liquor near the shop of PW-1 and were also hurling abuses, which was objected to by PW-1 and thereafter by deceased Manish also. However, upon objection being raised by Manish, juvenile accused Mona Shukla slapped him, PW-1 Rajendra Sahu separated them and then Mona Shukla left the said place for his house and immediately thereafter came back carrying knife in his hand and caused knife injury on the chest of Manish. Further case of the prosecution is that when co-accused Deva snatched the said knife and tried to assault Manish with it on his head, Manish fell down unconscious. When Anil Dhruv (PW-4) asked co-accused Deva not to assault, appellant Sonu caught hold of Anil Dhruv and then Deva caused him injuries with knife on his arm and waist. While deceased Manish was being shifted to hospital, he expired on the way. As per report lodged by PW-1 Rajendra Kumar, the incident was witnessed by Manju (PW-2), Anusuiya (PW-3) and Prateek (PW-5). Based on this FIR, offence under Sections 302, 307, 34 of IPC was registered against all the three accused persons. Immediately after registration of FIR, merg intimation (Ex.P/1) was also registered on 18.10.2010 at the instance of PW-1. Inquest over the dead body was prepared vide Ex.P/10 on 18.10.2010. The dead body was sent for postmortem, which was conducted on 19.10.2010 by PW-10 Dr. Shivnarayan Manjhi vide Ex.P/11 who noticed stab wound on the chest over right side just below clavicle bone. In his opinion, the cause of death was haemorrhage and shock as a result of stab injury on chest and that the death was homicidal in nature. Injured Anil Dhruv (PW-4) was also medically examined by PW-7 V.R. Bhagat vide Ex.P/8 and the doctor found cut wound over lower 1/3rd region of anterior aspect of right arm, 3.5 cm x 1 cm x 0.5 cm and stab wound over posttemporal aspect of left hip, 1.5 cm x 0.5 cm x 1 cm deep. The said injuries were caused by sharp edged weapon and were simple in nature. During investigation, memorandum of accused Devkumar was recorded vide Ex.P/6 and pursuant to which bloodstained knife was seized vide Ex.P/7. As per FSL report (Ex.P/18), blood was found on the said knife. After filing of charge sheet, the trial Court framed charges under Sections 302/34 and 307/34 of IPC against co-accused Devkumar and appellant Sonu. Another accused Mona Shukla being juvenile was tried separately.

(3.) So as to hold the accused persons guilty, the prosecution examined 13 witnesses in all. Statements of the accused were also recorded under Section 313 of Cr.P.C. in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication.