RAMDAYAL PANDO Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) - Appellant ramadayal Pando stands convicted u/ss. 302 and 307 IPC and/sentenced to undergo imprisonment for life and R. I. for 7 years respectively by the Fifth Additional Sessions judge, (F. T. C.), Surajpur, District Surguja in Sessions Trial No. 291/2000 on 19-7-2002.

(2.) THE case of the prosecution is that on 4-6-2000 at about 12 noon, Umashankar (since deceased) and his brother Sunderlal (PW-6) were preparing to go to forest. Salikram (PW-7) was also there. Umashankar and Sunderlal said that let them take their meals first. When they were entering in their house, the appellant came there, snatched the sickle from the hands of Salikram and started causing injury to sunderlal (PW-6 ). This was intervened by deceased Umashankar. He gave one hammer blow on the back of the appellant, on which, the appellant left Sunderlal (PW-6)and attacked on the deceased and caused injury to his neck. The deceased died instantaneously.

(3.) THE matter was reported by Ramdin (PW-1), on which, the First Information report (Ex. P-1) dated 4-6-2000 was registered. Sickle was seized on the same day under ex. P-2 as it was produced in the police station by the complainant. The Investigating officer reached to the scene of occurrence on 5-6-2000, prepared inquest (Ex. P/4) on the body of the deceased and seized plain soil and blood stained soil from the place of occurrence under Ex. P/6. Articles belonging to the deceased were also seized under ex. P/7 and some clothes were seized under Ex. P/5. The dead body of the deceased was sent for its post-mortem to Primary health Centre, Chandni (Biharpur) under ex. P/8-A, where the post mortem examination was conducted by Dr. A. M. Siddiqui (PW-8), who prepared his report Ex. P/8. He noticed 4 incised wounds on the body of the deceased. One was on the right side of the cheek, size 6 cm; other was on the left side of the cheek, size 7 cm; the 3rd was on the middle portion of neck, size 7 cm x 3 cm x 4 cm and 4th was also on the anterior surface of upper portion of the neck, size 5 cm x 3cm x 4cm. The trachea was opened, the tissues under the injuries were also cut and it had damaged the blood vessels. The Autopsy surgeon opined that the cause of death was haemorrhagic shock as a result of excessive bleeding and asphyxia as a result of filling of air passage with blood and it was homicidal in nature.