SIDDHNATH Vs. STATE OF MADHYA PRADESH NOW CHHATTISGARH

JUDGEMENT

(1.) SINCE the aforesaid two criminal appeals are arising out of the common judgment of conviction and order of sentence dated 13-3-1989 passed by the Additional Sessions Judge, Manendragarh in Sessions Trial No. 41/87, they are being disposed of by this common judgment.

(2.) IN Cr.A. No. 356/89, appellant Siddh-nath has challenged legality and propriety of the judgment of conviction and order of sentence dated 13-3-1989 passed by the Additional Sessions Judge, Manendragarh in Sessions Trial No. 41/87 and in Crl.A. No. 913/89, the State has challenged conviction and sentence of accused Siddhnath on the ground of inadequacy and prayed for his conviction under Section 302 of the IPC and appropriate sentence.

(3.) CASE of the prosecution, in brief, is that on 3-11-1986 accused Siddhnath invited Tilakdhari (since deceased) and his family to their house, but they did not go. On 4-11-1986 at about 7 p.m. Hirondia Bai (P.W. 4) was present in her barn, accused Siddhnath came there, Matukdhari (P.W. 1) and Tilakdhari also reached to the said barn and after some altercation, accused Siddhnath inflicted injury with spear on the chest of Tilakdhari and immediately Tilakdhari was taken to the hospital. Dying declaration of Tilakdhari was recorded vide Ex. P-9. He was examined by Dr. R.R. Gajbhiye (P.W. 6) vide Ex. P-16A. During the course of treatment Tilakdhari died. Death of the deceased was intimated by the doctor to the police vide Ex.P-14 and merg was recorded vide Ex. P-20. Rojnamcha was recorded vide Ex. P-24. FIR was registered vide Ex. P-19. After summoning the witnesses vide Ex. P-11, inquest over the dead body of Tilakdhari was prepared vide Ex.P-12 and the dead body was sent for autopsy to Government Hospital, Chirmiri vide Ex. P-15. Autopsy was conducted by Dr. R.R. Gajbhiye (P.W. 6) who found one punctured wound over chest on 6th inter-coastal space of 2" x -" x 2-" and plura was also punctured. Cause of death was as a result of respiratory failure. Injuries were ante-mortem. Other two accused Sumer Singh and Mankunwar were also made co-accused. Co-accused Sumer Singh made disclosure statement relating to iron part of spear vide Ex. P-2 and same was recovered at his instance vide Ex. P-3. Blood stained clothes were recovered from co-accused Sumer Singh vide Ex. P-4. Other clothes were also recovered vide Ex. P-6. Statements of the witnesses were recorded under Section 161 of the Cr.P.C. Seized articles were sent for chemical analysis vide Ex. P-21 and presence of blood over spear was confirmed vide Ex. P-22. After completion of investigation, charge-sheet was filed before the Judicial Magistrate First Class, Manendragarh who in turn committed the case to the Court of Sessions, Ambikapur, from where the Additional Sessions Judge, Manendragarh received the case on transfer for trial.