KARTIK RAM DEVANGAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard. Instant appeal is against the judgment of conviction dated 24/02/2012 passed in Sessions Case No.67/2011 by the Additional Sessions Judge, Bemetara, Distt: Durg (C.G.) whereby the appellant has been convicted under Section 302 of IPC and has been sentenced to rigorous imprisonment for life and to pay fine of Rs. 500/-, in default of payment of fine, to undergo RI for 2 months.

(2.) Case of the prosecution, in brief, is that name of the deceased was Ripesh Kumar Dewangan. He was nephew of the present appellant. Deceased was residing alongwith his father Hiralal Dewangan, the complainant PW-1 and mother Smt. Jam Bai Dewangan PW-2. Along with them the present appellant, who was uncle of the deceased used to reside. It is case of the prosecution that all the aforesaid persons were living together in their ancestral house at Ward No.11, Singhouri, Bemetara. The appellant was addicted to the liquor and used to consume frequently as such it was objected by the deceased Ripesh Kumar Dewangan. Consequently, for such objection, frequent quarrel used to take place in between them. In a result, being enraged, always threat was being extended by the appellant that he would commit murder of Ripesh Kumar Dewangan. The deceased and the family members were carrying on a grocery shop in the same premises where they used to reside. On 25/09/2011 Ripesh Kumar was sleeping alone in the shop, doors were open and in the adjacent room appellant Kartik Ram Dewangan was sleeping. The father of deceased namely Hiralal Dewangan and Jam Bai were sleeping in another room. In the morning at 6' O clock when Jam Bai mother of the deceased was sweeping/cleaning the premises and during such time when she went to the shop, she saw that Ripesh is lying dead in the pool of blood and injuries were inflicted on his head and abdomen. Primarily it appeared that injuries were inflicted by way of hammer. At that time, the appellant who was also inmate of the same house was missing. Having seen the incident, persons in the neighbourhood were called and initially doubt was created over the present appellant. Consequently, the merg intimation Ex.P-1 was registered on the same day followed by FIR Ex.P-4. Subsequently, police after reaching the spot prepared Naksha Panchayatnama Ex.P-3 and the body was sent for postmortem. In the meanwhile, preparation of the map of the site was also made by Ex.P-5. On the basis of the doubt, present appellant Kartik Ram Dewangan was taken into custody and thereafter his memorandum was recorded by Ex.P-9. When subjected to interrogation, the appellant revealed that since deceased was objecting to consuming of liquor by the appellant, as such he has committed murder of Ripesh Kumar by way of hammer and hammer was concealed in the varandah. The memorandum was recorded by Ex.P-9 and consequent to it recovery was made by Ex.P-10. Thereafter, other recoveries were made from the spot and on the basis of investigation, statement of the witnesses charge sheet was filed under Section 302 IPC. After seizure of the articles, articles were sent to the FSL by Ex.P-19 and FSL report was received and was filed before the court alongwith the charge sheet under Section 302 IPC.

(3.) During the course of trial, appellant abjured his guilt and claimed to be tried and denied the entire allegation on him. The prosecution on their behalf had primarily relied on the statement of Hiralal Dewangan father of the deceased as PW-1, mother of the deceased Jam Bai as PW-2, memorandum and seizure witnesses Mahesh Sahu PW-6 and Kumar Verma PW-7. Apart from it few of the neighbours were also examined, apart from it to prove the nature of crime that it was homicidal in nature the witness Dr. Pawan Kumar PW-12 was examined who conducted the postmortem.