KHILWAN KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) APPELLANT Khilawan Kumar stands convicted under sections 302 and 201ipc and sentenced to undergo imprisonment for life and R. I. for 3 years; with fine of Rs. 1000/- and Rs. 500/-in default of payment of fine, to further undergo R. I. for 6 months and R. I. for 3 months respectively by the Additional sessions Judge, Balod, District Durg (C. G) in s. T. No. 395/2001 on 01. 05. 2002.

(2.) THE facts, briefly stated, are as under: deceased Jagautin Bai was the aunt of the appellant. She remained unmarried. She was residing in two separate rooms given to her by the father namely Ramnath (P. W. 2 ). She was also given 1. 5 acres of land for her livelihood. Jagautin Bai was claiming 3. 5 acres of land more. To claim her rights, she had locked three more rooms in the house. On 13. 8. 2001 she was asked by the appellant to open the lock of the room, on which, some quarrel took place between the appellant and jagautin Bai. The allegations are that in the night at about 2 a. m. , when jagautin Bai came out of her room to answer the call of nature, the appellant attacked over her neck by a sickle, due to which, she fell down in the verandah. Thereafter, the appellant gave repeated blows on her neck causing many injuries to her. Jagautin Bai succumbed to those injuries. Further allegations are that after committing murder of Jagautin Bai, the appellant, with an intention to screen the offence, took her dead body inside the room. Sickle and blood stained clothes were also kept in the room. The case of the prosecution is that the appellant himself came to the police station and lodged the report (Ex. P. 9) as above. On such information, the investigating officer recorded merg intimation ex. P. 16 and he further recorded memorandum statement of appellant (Ex. P. 5 ). After reaching to the place occurrence, the dead-body was recovered under Ex. P. 4. After giving notice ex. P-11 to the Panchas, Inquest (Ex. P. 10) was prepared and the dead body was sent for its postmortem. Blood stained soil and plain soil were seized under Ex. P. 14 and sickle was seized from the verandah of the house under Ex. P. 8. Certain other articles were also seized. The seized articles were sent for their chemical examination to the Forensic Science Laboratory, raipur, under Ex. P. 24 but the f. S. L. report could not be produced. The Postmortem Examination was conducted by Dr. Rajkumar Nayak (P. W. 12) who prepared his report ex. P. 27. The autopsy surgeon found as many as six incised wounds on the ear, cheek and throat regions. He noticed that left carotid artery and left jugular vein were completely cut. According to the postmortem report, the cause of death was shock due to excessive hemorrhage and it was homicidal in nature.

(3.) ADMITTEDLY, there are no eye-witnesses in this case and the conviction of the appellant is based upon the First Information report lodged by him and the discovery of the dead body, sickle and blood stained " clothes on the information and at instance of the appellant.