ITWAR SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) APPELLANT Itwar Singh @ Jagat Singh stands convicted under Sections 450 and 302 IPC and sentenced to undergo R. I. for 10 years with fine of Rs. 1,000/- and R. I. for life with fine of rs. 1,000/-, with default sentences in both counts, by the Fourth Additional Sessions judge, Bilaspur in Sessions Trial No. 481/2001 on 29th December, 2003.

(2.) THE facts, briefly stated, are as under:-On 13. 7. 2001 at about 17. 00 hours, itwariya Bai (PW-2) lodged the First information Report (Ex.-P/3) alleging that in the intervening night of 12. 7. 2001 and 13. 7. 2001 she was sleeping in her house along with her second husband Sitaram Gond (since deceased ). At about 12 in the mid-night, she heard some noise. She woke up and saw in the light of small lamp (Chimney) that her first husband namely itwar Singh (accused) was running out from her room along with tangia in his hands. Sitaram has fell down from the cot. He had received cut injury over his neck. Itwariya Bai (PW-2) made allegations that her first husband i. e. the appellant had attempted the life of her second husband by causing grievous injury to his neck. She also mentioned about narrating the story to Deosingh,' santram (PW-4), Ahibaran Singh (PW-3) and Hira Singh (PW-1 ). On the said report, an offence under sections 450 and 307 IPC was registered against the appellant. During the course of investigation, deceased Sitaram was sent for his medical examination. He was examined by dr. G. S Jatra (PW-8), who prepared mlc report (Ex.-P/7 ). He found a sharp edged wound 4 cm x 1 cm on the left antero-lateral side of the neck, transversely placed. Froth was coming from the wound. He also noticed another injury of 1 cm x cm over posterior side of right middle finger. Looking to the seriousness, he referred the patient to ENT Specialist for admission and further treatment. The deceased was admitted in the hospital, where he died on 21,7. 2001 during the course of his treatment. The Investigating Officer gave notice (Ex.-P/10 and P/11) to the Panchas and prepared inquest (Ex.-P/12) on the body of the deceased. The dead body of the deceased was sent for its postmortem to PHC (hundred bed hospital), Korba, where the post-mortem examination was conducted by Dr. A. D. Puren (PW-11), who prepared his report Ex.-P/9. He also noticed the aforesaid external injury on the neck of the deceased. The Autopsy Surgeon opined that the cause of death was septicemic shock due to ante-mortem injury on neck and it was homicidal in nature. In further investigation, site plan was prepared under Ex.-P/5. Plain soil, blood-stained soil and shirt of the deceased were seized from the place of occurrence under Ex.-P/6. After taking the appellant into custody, his memorandum statement (Ex.-P/1) was recorded under Section 27 of the Evidence Act on 17. 7. 2001 and a tangia was seized at his instance on the same day under Ex,-P/2. After completion of usual investigation, the charge-sheet was filed in the court of Judicial Magistrate, First class, Katghora, who in turn committed the matter to the concerned sessions Court, from where, it was received on transfer by the Fourth additional Sessions Judge, Bilaspur, who conducted the trial and convicted and sentenced the accused/appellant as aforementioned.

(3.) CONVICTION of the appellant is based upon eyewitnesses account of Itwariya Bai (PW-2) corroborated by the evidence of Hira singh (PW-1), Ahibaran Singh (PW-3) and Santram (PW-4 ).