SOMNATH SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 17.11.2003 passed by the 1 st Additional Sessions Judge, Bastar at Jagdalpur, in S.T. No.523/2002 convicting the appellant under Section 302 IPC and sentencing him to undergo imprisonment for life and to pay fine of Rs.2000/-. On appellant's depositing fine amount, the same be paid to the wife and daughter of the deceased as compensation, in default the same be recovered from his immovable property.

(2.) As per the prosecution case, on 05.10.2002 deceased Laxminath Kumhar left his house at about 8.00 pm and on the next day at about 10.00 am his body was found near the village pond. FIR Ex.P/7 was lodged on 06.10.2002 by the villager Ram Singh (PW/2) under Section 302 IPC against an unknown person mentioning therein that deceased was having some dispute with one Jagdish Kumhar for which the matter was pending in the Court. Based on this FIR, offence under Section 302 IPC was registered against an unknown person. Immediately, thereafter merg intimation Ex.P/6 was recorded and inquest on the body of deceased was prepared on 06.10.2002 vide Ex.P/9 and body was sent for postmortem examination to Assistant Surgeon, Kondagaon vide Ex.P/12-A where Dr. R.K. Singh (PW/4) conducted postmortem on the body of deceased and gave his report Ex.P/12 opining the cause of death to be shock due to excessive bleeding and death was homicidal in nature. After filing of the charge sheet, the trial Court framed the charges against four accused persons including that of appellant under Sections 120-B and 302 IPC.

(3.) So as to hold the accused persons guilty, the prosecution examined as many as 10 witnesses. Statements of the accused persons 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.