LAWS(CHH)-2017-9-114

DEVENDRA KUMAR Vs. STATE OF CHHATTISGARH

Decided On September 13, 2017
DEVENDRA KUMAR Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 03.08.2010 passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, North Bastar, Kanker, in Special Sessions Trial No.74/2009 convicting the accused/appellants under Sections 302/34 and 404/34 IPC and sentencing them to undergo imprisonment for life with fine of Rs.1,000/-, R.I. for two years with fine of Rs.500/- each respectively, plus default stipulations.

(2.) As per the prosecution case, in the night intervening 4- 5/05/2009, deceased Ishwarlal Mandavi had gone to one Reshu Dhaba owned by Reshu Bhai Katendra and there he had quarreled with appellant No.2-Hem Raj, who at the relevant time was working as a servant in the said dhaba, after consuming liquor. It is said that accused/appellant No.1- Devendra Kumar, brother of Reshu, also reached the place of occurrence and then both the appellants had caused club injuries on the body of deceased as a result of which deceased died instantaneously. Merg intimation (Ex.P/1) was recorded on 05.05.2009 at 9.10 am at the instance of Rohidas Mandavi (PW/1), father of the deceased. On same day, at 9.15 am, FIR (Ex.P/2) was lodged by PW/1 against 2-3 unknown persons under Sections 302, 394 and 34 IPC. Inquest on the body of deceased was prepared on 05.05.2009 vide Ex.P/4 and dead body was sent for postmortem examination which was conducted by Dr. O.P. Shankhwar (PW/8) who gave his report Ex.P/20 opining the cause of death of deceased to be shock (excessive hemorrhage) caused by multiple rupture of liver and death was homicidal in nature.

(3.) On 10.05.2009, memorandum of accused/appellant Devendra Kumar (A-1) was recorded vide Ex.P/8, based on which, one club was seized from him vide Ex.P/10. Likewise, memorandum of accused/appellant Hem Raj (A-2) was also recorded vide Ex.P/9, based on which, Rs.660/- and his bloodstained half shirt were seized under Ex.P/11. Seized articles were sent for chemical examination to FSL and as per FSL report Ex.P/25, no blood has been found on above seized articles.