KISHAN SINGH PARVANA Vs. STATE OF C.G.

JUDGEMENT

(1.) The appellant would call in question the legality and validity of the judgment of conviction and order of sentence dated 02.05.2013 passed by the Sessions Judge, Raipur, C.G. in ST No.80/12 whereby he has been convicted and sentenced for committing murder of deceased Gurmit Kaur on 09.12.2011 between 9 to 11 am as under :-

(2.) As per prosecution case, the appellant and the deceased with their children Jagjeet Singh and Indrajeet Singh were residing at MIG-2/33 Kabir Nagar, Raipur, C.G. The appellant is working as a Contractor at C.G. Ispat Factory, Siltara. Dehati merg Ex.P-1 was registered on the information of PW-1 Jasvir Singh that at about 8:30 am both the sons went to school and he went to the factory at 9 am. At 11 am he received phone call from his son Jagjeet Singh that some thief has entered the house and scattered the household articles and the deceased is lying unconscious over the bed. PW-1 Jasvir Singh rushed back to his house and found that his wife/deceased Gurmit Kaur was lying flat on the bed with her body covered with a blanket upto her chest. On removing the blanket, he saw injury marks with bleeding over the chest and she was dead. Her earrings and golden chain were missing. In the other room, almirah was open and other articles of the suitcase were lying scattered. A sum of Rs.2000/- belonging to her wife was also missing from her bag. Dehati Merg Ex.P-2 was also registered mentioning the same facts. PW-6 S.K. Jain, Fingerprints Expert was called and he obtained some fingerprints and palmprints over the handle of the almirah.

(3.) The appellant was taken into custody on 22.12.11 and his memorandum statement Ex.P-6 was recorded wherein he disclosed that after firing gun shot over the deceased, he looted golden chain, golden earrings and Rs.2,000/- and the country made revolver (katta), three live cartridges, one empty cartridge, golden chain and earrings were concealed under the heap of sand. These articles were recovered from the indicated place vide Ex.P-7. Autopsy was conducted by PW-3 Dr. S.K. Bagh, who submitted his report Ex.P-10 opining that death is caused due to hemerage and shock as a result of firearm injury at thorax. The prosecution also obtained report of Fingerprints Expert PW-6 S.K. Jain, who recorded his opinion in the positive and thereafter the charge sheet was filed against the appellant.