CHAIT RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THESE appeals have been filed against the judgment and order dated 25th of March, 2003 passed by the Second Additional Sessions Judge, mahasamund (C. G.) in Sessions Trial-No. 358/2002, whereby, appellants Sobharam, chait Ram and Jarha @ Madhav have been convicted under Sections 302 and 460 I. P. C. and sentenced to undergo imprisonment for life and to pay a fine of Rs. 500 in two counts with default sentence of R. I. for 1-1 month under each count and appellant Anand Ram has been convicted under Section 302/34 and 460/34 I. P. C. and ordered to undergo similar sentences as above under each count. It was also directed that all the sentences shall run concurrently.

(2.) THE brief facts are that in the intervening night of 2nd-3rd May, 2002, some persons entered into the house of Thakur ram and murdered his wife Bisahin Bai. They caused grievous injuries to Thakur ram. Thakur Ram became unconscious. He was taken to local hospital, from where, he was referred to Medical College Hospital, raipur and then to MMI Hospital at Raipur, but ultimately, he died on 5. 7. 2002. Since he was throughout unconscious, his statement/dying declaration could not be recorded, during the said period of more than 2 months. When the incident was noticed in the morning of 3. 5. 2002, the sarpanch of the village Narayan Prasad (PW11) reported the matter to the police. The Investigating Officer reached to the scene of occurrence on 3. 5. 2002, prepared inquest (Ex. Pl) on the body of the deceased, Bisahin bai, and sent her dead body for its postmortem to Community Health Center, mahasamund under memo Ex. P20a, where the post-mortem examination was conducted by dr. R. K. Pardal (PW5), who prepared his report Ex. P20. He noticed multiple external injuries on the body of the deceased, there was fracture of right mandible bone and right 1st and 2nd metacarpal bone. The autopsy surgeon opined that the cause of death was shock and haemorrhage due to multiple incised wounds over face and head and it was homicidal in nature. A merg intimation relating to deceased Bisahin Bai was registered as Ex. P26 and the First Information report was registered as Ex. P23. In further investigation, plain soil, bloodstained soil, some clothes and one pharsa, stained with blood like substance, were seized from the place of occurrence under ex. P27. Site plan was prepared under ex. P28.

(3.) ON 20. 5. 2002 memorandum statement of appellant-Sobharam was recorded vide ex. P4, in pursuance of which, one full-paint, shirt, saree, one silver chain and rs. 300 were seized at his instance under ex,p9 and one small-box and one tin-box were seized near a Nala under Ex. Plo. Likewise memorandum statement of appellant-Chait ram was recorded under Ex. P5 and one shawl, two full-shirts, one dhoti and one full-palint and full-shirt were seized at his instance under ex. 11. and one rod was also seized at his instance under Ex. P7. Further on the same day, memorandum statement of appellant Jarha @ Madhav was recorded under Ex. P6 and one white dhoti, Rs. 500 cash, one green coloured dhoti, one old baniyan and a knife was seized at his instance under Ex. P8. Likewise memorandum of appellant-Anand Ram was also recorded under Ex. P18 and a sum of Rs. 300 was seized from his possession under Ex. P12.