NARESH KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence dated 30-11-2007 passed by Additional Sessions Judge, Bemetara, District Durg (C.G.) in S.T. No. 51/2007, convicting the appellant for offence punishable under Section 302 of the IPC and sentencing him with life imprisonment and to pay fine of Rs.100/- with default stipulation.

(2.) The case of prosecution, in brief, is that deceased Dukalha and the appellant worked as labourers in a hotel. On 02-12-2006 at about 8-00 p.m. both of them consumed liquor in the house of the deceased where- after, accused demanded the borrowed amount of Rs.1000/- from the deceased which raised a dispute between them. This resulted in manhandling between them and in the meanwhile, the appellant used broken glass bottle to stab the deceased on his abdomen, then he strangulated the deceased with his own lungi causing his death. There were no eyewitness to the incident. Dead body of the deceased was found on 04-12-2006 at about 7-00 a.m. by Ramkumar Sahu (PW-6). On his information, morgue intimation (Ex. P-7) was recorded in Police Station Bemetara. Inquest on dead body was conducted vide Ex. P-11. Dr. M.M. Deodhar (PW-5) conducted autopsy on the body of the deceased who was identified as Dukalha Yadav vide postmortem report (Ex. P-5). Injuries of abrasion and incised wound on neck to the sub-mental region, middle of the neck and one more by the side of the above injuries were found. The respiratory tract and blood vessels were cut due to the incised wounds. Opinion was given that death was caused due to the injuries on neck causing excessive bleeding and neurogenic shock.

(3.) The appellant was apprehended and interrogated and at his instance vide memorandum Ex. P-1, the broken glass bottle was recovered and seized vide Ex. P-3 and blood stained clothes of appellant were seized vide Ex. P-2. Seized Articles were examined by Dr. M.M. Deodhar (PW-5) vide Ex. P-6 who advised for chemical examination. FIR (Ex. P-8) was registered. Spot map (Ex. P-9) was prepared by the Investigating Officer and Ex. P-10 was prepared by Revenue Officer. Seizure of blood stained soil, plain soil, a pair of slippers and one cycle was made from the spot vide Ex. P-12. Clothes of deceased preserved by Doctor conducting autopsy were seized vide Ex. P-13. Seized articles were sent for FSL examination. Report Ex. P-16 was obtained and produced on record. Statements of witnesses were recorded and after completion of investigation, the appellant was charge-sheeted.