LAWS(CHH)-2008-9-9

PREMLAL Vs. STATE OF CHHATTISGARH

Decided On September 26, 2008
PREMLAL Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) APPELLANT-PREMLAL stands convicted under Sections 302 and 354 I. . P. C. and sentenced to undergo imprisonment for life and to pay a fine of rs. 5,000/-, in default of payment of fine to further undergo R. I. for 2 years and R. I. for 3 months, respectively, by the Second Additional sessions Judge (FTC), Bemetara in sessions Trial No. 297/2001 on 27th March, 2002.

(2.) THE facts, briefly stated, are that appellant-Premlal and sitaram (since deceased) were close friends and were residents of same village. On 28. 6. 2001 at about 8. 00 p. m. , Sitaram had gone towards the tank in village. When he returned back to his house, appellant Premlal also came with him. Both consumed liquor in the house of sitaram. When they were taking their meals, the appellant caught the hands of neera Bai (PW-1), wife of the deceased sitaram with an intention to outrage her modesty, on which, Sitaram became angry. Neera Bai also became angry and went to the house of Dukhitram. Appellant also went to the house of Dukhitram and called neera Bai. Neera Bai returned to her house and again started serving the meals. The appellant again caught the hands of Neera bai. It is on this, a quarrel begun between the appellant and the deceased and they started abusing each other and went out in the Gali from the house. Since both were in drunken condition, Neera Bai intimated her father-in-law, Mahruram (PW-2) to look after, on which, Mahruram went to Gali, intervened in the quarrel and when he was taking back his son Sitaram, the appellant gave a knife blow to Sitaram, who received injuries on his palm and abdomen. He was brought to his house and he died in the night. The matter was reported to the concerned police station by Hinjharam (PW-8), on which, a First Information Report (Ex.-P/8) was registered on 29. 6. 2001 at 8. 30 a. m.

(3.) THE Investigating Officer reached to the scene of occurrence on 29. 6. 2001, prepared inquest (Ex.-P/14) on the body of the deceased and sent the dead body for its postmortem to Community Health Center, berla, where the post-mortem examination was conducted by Dr. Chatur Singh Manjhi (PW-9), who prepared his report Ex.-P/10. He noticed two external injuries on the body of the deceased. There was one incised wound in size of 2 inch x 1/8 inch x 1/8 inch on the lower surface of right palm and there was a penetrating wound in size of 1 inch x 1/2 inch x 1/2 inch on the right side of abdomen. On internal examination, he found that there was an abrasion of 1 inch x 1 1/2 inch on the membrane of large intestine. Injury No. 1 was simple in nature, whereas, injury No. 2 was sufficient to cause death. The Autopsy Surgeon opined that the cause of death was shock due to above injuries.