NAVISHCHANDRA @ NAVESHCHANDRA YADAV, S/O VISHWANATH YADAV Vs. STATE OF CHHATTISGARH, THROUGH POLICE STATION, PENDRA

JUDGEMENT

(1.) Heard.

(2.) These two appeals would arise out of the same judgment of conviction and sentence dated 24.2.2011 passed by the Additional Sessions Judge (FTC), Pendraroad, District Bilaspur (CG) in ST No.34/2010, whereby, the Additional Sessions Judge has convicted the appellants (accused) under Sections 302/34 and 328/34 of IPC and sentenced them to undergo RI for life and RI for 3 years respectively with default sentences.

(3.) Aadhar Singh, father-in-law of deceased Lok Singh had purchased the land belonging to one Janmati Gond, who happens to be the Aunt (Bua) of appellant Navishchandra. Deceased Lok Singh was cultivating the land, therefore, appellant Navinschandra had raised a dispute with Lok Singh and their relations were not normal. It is stated that because of this enmity, appellant Navishchandra conspired with appellant Patram Yadav to eliminate deceased Lok Singh and in execution of the conspiracy, he handed over Prasad (Propitiatory) containing poisonous substance to Patram with instructions to distribute the said Prasad to Lok Singh. On 2.4.2010, at about 7 p.m., appellant Patram distributed the Prasad to Lok Singh as also to PW-1 Janmati Gond, sister of the deceased and PW-2 Kamla Bai, wife of the deceased. Some part of the Prasad received by Lok Singh himself was also given to PW-9 Devkumari, Niece (Bhanji) of the deceased, who used to reside in the same house. Immediately, after consuming the Prasad, Lok Singh started vomiting and his condition soon deteriorated, therefore, he was taken to Community Health Centre, Pendra Road, where he was given First Aid by PW-7 Dr. Devendra Singh Paikra. Lok Singh died in the course of treatment, where-after, his postmortem was conducted by Dr. H.K. Tanwar, who submitted his report-Ex.-P/23. The Autopsy Report contained a finding of suggestive toxication after ingestion of some poisonous thing, but it could not be identified. The viscera were preserved and sent to Forensic Science Laboratory to find out the cause of death after chemical analysis.