GULAB VERMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 22.02.2011 passed by learned Special Judge, under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Durg (C.G.) in Special Case No. 45 of 2009, whereby the appellant stands convicted under Section 302 of IPC for committing murder of deceased- Raj Bai and sentenced to undergo life imprisonment and fine of Rs.2,000/-, in default of payment of fine to undergo further rigorous imprisonment for three months.

(2.) As per prosecution case, on 06.09.2009 at about 10:00 AM, when PW-1 Amrit Gendra was on her way for fetching water from public water supply line, Golu son of co-accused Saroj Verma and his brothers Umesh and Sonu were playing glass-balls (Kanche) one stone hit the leg of Amrit Gendra. When she (PW-1) was persuading Golu not to play with glass-balls, co-accussed Saroj Verma intervened and an altercation took place. Hearing this, PW-3 Anusuiyai also reached the spot while co-accused Saroj Verma was pulling hairs of Anusuiya, at this time, their mother deceased Raj Bai, who was returning from the village tank, also reached the place of occurrence and tried to separate them. Appellant Gulab Verma also reached the place of occurrence during this time and caught hold of deceased Raj Bai and started assaulting her on chest by hands and fists. Raj Bai fell down on the ground and became unconscious. A local Doctor, called for first-aid, declared that Raj Bai is dead.

(3.) First Information Report (FIR) was lodged by Amrit Gendre (PW-1) vide Ex.- P/1 at about 11:30 hours i.e. within one & half hours of the incident. During autopsy, the deceased was found to have sustained abrasion over left knee of size 0.5 cm; abrasion over left foot medially of size 0.5 cm. Subcutaneous haematoma was present over upper middle at center of chest with fracture of 5th rib, blood clot was there around the heart, heart was ruptured and blood deposit was there in the chest as stated in postmortem report (Ex.-P/17) submitted by Dr. A.K. Mishra (PW-11). There being no use of any weapon in committing the offence, the Investigating Officer has not recorded any memorandum statement nor effected any seizure. Charge-sheet was filed only on the basis of postmortem report (Ex.-P/17) and case diary statements of witnesses.