AMRIT Vs. STATE OF C.G

JUDGEMENT

(1.) APPELLANT- Amrit stands convicted under Section 302 IPC by the Fourth Additional Sessions Judge, Bilaspur in Sessions Trial No. 33/99, and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/-, in default of payment of fine to further undergo R.I. for 1 year.

(2.) THE case of the prosecution is that about 1 month prior to the date of incident i.e. 9.11.98, deceased- Jaikunwar Bai had lodged a report (Ex.-P/16) against the Appellant in police station Koni, on which an offence under Sections 354 and 506 Part-II IPC was registered and a charge-sheet was filed. THE allegation are that on 9.11.98 at about 12.00 - 1.00 p.m., the Appellant murdered the deceased in a field, where the deceased was grazing her cattle, by causing injuries by a tangia. THEreafter, he made an extrajudicial confession before Ashok Loniya. (PW-4), who told about the extrajudicial confession to the brother of the deceased Sukhiram (PW-1). Sukhiram and his brother Amar Singh (PW-6) went to the scene of occurrence, saw the dead body and lodged the First Information Report (Ex.-P/1) in the police station.

(3.) IN further investigation, after taking the Appellant into custody, his memorandum (Ex.-P/6) was recorded regarding discovery of the tangia, in pursuance of which, blood stained tangia was seized under Ex.-P/7 by the INvestigating Officer from the place indicated by the Appellant near the bushes in the village. He also seized blood stained clothes (shirt and loongi) of the Appellant under Ex.-P/5. The seized articles were sent for their chemical examination to Forensic Science Laboratory, Sagar, from where a report (Ex.-P/17) was received. According to the F.S.L. report, blood stains were found on the stained soil, tangia and clothes of the Appellant and the deceased. For determination of the origin and the blood group of the blood found on the seized articles, they were sent for their serologist examination to laboratory at Calcutta vide Ex.-P/18 but no report could be received.