AJURAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE appellants were convicted under Section 302/34 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 500, in default of payment of fine to further undergo S. I. for two months by the III-Addl. Sessions Judge (F. T. C), Korba (C. G) in Sessions Trial no. 190/2002 on 5th of April, 2003.

(2.) APPELLANT No. 1 Ajuram died on 25. 10. 2008 during the pendency of the appeal, therefore, the appeal filed on his behalf has abated and his name has been deleted from the array of the appellants.

(3.) THE facts, briefly stated, are as under: the case of the prosecution is that on 25. 03. 2002 at about 9 p. m. , deceased jai Prakash was returning to his house. When he reached near Pankaj kirana Store, he was assaulted by accused ajuram and Shyamlal. Ajuram was armed with a Farsa and Shyam kumar was armed with a lathi. He received many injuries and succumbed to those injuries on the spot itself. Mukesh Yadav (PW3) and Sanjay chauhan (PW22) went to the house of deceased and narrated the story to his brother Jagesh Yadav (PW1) who reported the matter to the concerned police station on the same day at about 9. 25 p. m. , on which, a first information report (Ex. P1) was registered. The F. I. R. does not contain the name of appellant Shyam Kumar. No overt act was attributed to him in the F. I. R. Even his presence was not mentioned in the F. I. R. The Merg intimation was also registered under Ex. P4. The investigating Officer reached to the scene of occurrence, gave notice Ex. P2 to the Panchas and prepared inquest ex. P3 on the body of the deceased. Site plan was prepared under Ex. P16. Bloodstained soil and plain soil were seized from the place of occurrence under Ex. P13. The dead body of the deceased was sent for its post-mortem to Hundred-bed hospital, Korba under ex. P26 where the post-mortem examination was conducted by Dr. A. D. Purena (PW12) who prepared his report ex. P17. He noticed multiple incised wounds on the body of the deceased. There were cut injuries on the vertebral column, skull and vertebra. There was a deep cut injury on the right parietal region. Even the brain matter was cut. There were injuries on chest. Trachea was cut. The autopsy surgeon opined that the cause of death was hemorrhagic shock due to excessive hemorrhage from the injury site and it was homicidal in nature. After taking the accused persons in custody, their memorandum statements Ex. P9 and Ex. P11 were recorded under Section 27 of the Evidence Act and a Farsa was seized at the instance of accused ajuram under Ex. P9 and lathi was seized at the instance of accused shyam Kumar under Ex. P12. Another site plan was prepared by Halka patwari under Ex. P19. The seized articles were sent for their chemical examination to Forensic Science laboratory, Raipur, but the F. S. L. report could not be filed. After completion of usual investigation, charge-sheet was filed in the court of C. J. M. , Korba, who in turn committed the matter to the Sessions court, Korba, from where it was received on transfer by the III-Addl. Sessions judge (F. T. C), Korba, who conducted the trial and convicted and sentenced the accused persons, as above.