MAHESHWAR LAL JATWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 20.2.2009 passed by the Additional Sessions Judge, Sakti, Janjgir-Champa in ST No.84/2008 convicting the appellant under Sections 302 & 201 of IPC and sentencing him to undergo imprisonment for life, to pay a fine of Rs.500/- and RI for 3 years and fine of Rs.100/- with default stipulations respectively.

(2.) As per prosecution case, the appellant was having affair with Ku. Laxmi Sidar (PW-3) and on 28.2.2008 he entered the house of Ku. Laxmi, however, he was seen by deceased Gopiram Chandra. The appellant asked Gopiram not to disclose the fact of his (appellant) meeting Ku. Laxmi, however, Gopiram did not agree to the same and then the appellant took him towards river, gave him a kick blow on his rib region as a result of which Gopiram fell on a stone. It is said that thereafter the appellant pressed his neck resulting in his death and then threw the dead body in a pit of the nearby stone quarry. On 29.2.2008 dead body of Gopiram Chandra was found in a pit and immediately thereafter unnumbered merg Ex.P/29 and numbered merg Ex.P/30 were recorded at the instance of Sampatram (PW-11). Inquest over the dead body was conducted vide Ex.P/6 on 29.2.2008 and thereafter the dead body was sent for post-mortem which was conducted on the same day by PW-9 Dr. Saroj Kachchhap vide Ex.P/17 who noticed multiple abrasions and contusions on his body over face, cheek, neck, ear, chin, chest, knee caused by hard and rough object as also lacerated wound over right frontal region of forehead by hard and rough object. He also noticed fracture of right fronto-parietal bone and 4th & 5th rib and trachea was cut. In his opinion the cause of death was haemmorhagic shock and respiratory failure due to homicidal injury over neck, fracture of trachea, fracture of right front-parietal bone of scalp and injury of lung, and that the death was homicidal in nature. Unnumbered FIR (Ex.P/25) was registered after receipt of PM report and thereafter numbered FIR (Ex.P/26) was registered against an unknown person under Section 302 of IPC. On 4.3.2008 memorandum of the appellant was recorded vide Ex.P/8 wherein he has stated as to how he killed the deceased and got his jeans and vest seized vide Ex.P/11 as also two stones, each weighing about 1 kg., stained with blood vide Ex.P/12. After filing of the charge sheet, the trial Judge framed charges against the appellant under Sections 302 & 201 of IPC.

(3.) So as to hold the accused/appellant guilty, the prosecution examined 26 witnesses in all. Statement of the accused was also recorded under Section 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication. In his defence, he examined two witnesses.