KAILASH THAKUR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 13-2-2003 passed by VIIth Addl. Sessions Judge (FTC), Drug, in Sessions Trial No. 219/2001 whereby the appellant has been convicted u/s. 302, IPC and sentenced to undergo imprisonment for life and to pay a fine of rs. 1000/-, in default of payment of fine, to further undergo simple imprisonment for six months.

(2.) THE case of the prosecution is that on 27-3-2001 at about 10 p. m. Satwantin Bai (P. W. 2) was present in front of her house. She heard the commotion from a nearby place i. e. chabutara. When she went towards there, she saw that the appellant was quarreling with her nephew Sanjay Yadav (P. W. 4 ). The deceased Punarad Yadav alias Balla also came over there and said to the appellant as to why he is quarreling with Sanjay yadav. On this leaving Sanjay Yadav, the appellant pushed Punarad Yadav, took him to some distance and gave one knife blow on the left side of his chest and ran away from the place of occurrence. The occurrence was witnessed by Satwantin Bai (P. W. 2 ). Punarad Yadav died on the spot.

(3.) THE first information report, Ex. P. 10, was lodged by Satwantin Bai (P. W. 2) on the same night at about 11. 30 p. m. The investigating officer left for the scene of occurrence on 28-3-2001 and after giving notice to the panchas (Ex. P1) prepared inquest on the body of the deceased under Ex. P1a. The body was sent for postmortem examination to Primary Health Centre, Patan under Ex. P. 8. After taking accused appellant into custody, his memorandum was recorded under Ex. P2, based on which, blood stained shirt of the appellant was seized under Ex. P. 4. The knife and full pant of the appellant were seized under Ex. P2-A. The plain soil and blood stained soil were seized under Ex. P3. Site plan was prepared under Ex. P6. The postmortem examination was conducted by Dr. S. K. Agrawal (P. W. 8), who prepared his report Ex. P. 8-A. He noticed the following injuries on the body of deceased : (i) an abrasion in size of 6 cm x 1/2 cm on the right chin. (ii) an abrasion in size of 4 cm x 1/2 cm on the left forehead; (iii) an abrasion in size of 2 cm x 1/2 cm on the middle of the forehead; (iv) One stab wound on the left side of the chest measuring 1 1/2" length x 1/2" width and deep to the heart. On internal examination, he found that chambers of the heart were empty and there was incised wound in size of 1 cm x 1/2 cm deep into the cavity of the left ventricle. He opined that the injuries were antemortem in nature and the cause of death was shock due to extensive haemorrhage and antemortem viscera injuries sustained by the deceased. In further investigation, seized articles were sent to the Forensic Science Laboratory, Raipur, from where the report Ex. P. 4 was received. According to the said report, all the seized articles, including the weapon of offence, clothes of the deceased and soil, except the plain soil, were found stained with blood. The weapon of offence i. e. , knife was also sent for examination to the doctor who observed that the iron portion of knife was having length of 31/2" and width of 1. 5 cm. The wooden handle of the knife was 4. 5" in length. An iron ring was also fitted with the wooden portion of the knife. The doctor opined that injury found on the chest of the deceased could be caused by? the said knife. He gave his report Ex. P. 9-A.