DILESH Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal is directed against the impugned judgment dtd. 4/5/2012 passed by Sessions Judge Janjgir-Champa in Session trial No. 132/2011 whereby the appellant has been convicted and sentenced as hereunder:-

(2.) The prosecution story, as unfolded from the impugned judgment and the record of the case is that dead bodies of one Dilchand and another Maniram were found lying near the village pond on 4/4/2011 which led to lodging of Merg intimations Ex.P-19 and Ex.P-20 by PW-7. The Police prepared inquest over the dead body and sent it for postmortem. Doctor (PW-6) conducted postmortem of Dilchand and Maniram vide Ex.P-16 and Ex.P-17 respectively. In the postmortem report, the doctor opined that cause of death was suspected poisoning and mode was asphyxia. An injury was also found in the occipital region in the head of deceased Maniram. After Merg inquiry, as the needle of suspicion revolved around the accused/appellant, offence was registered against him alleging commission of offence of murder of Dilchand and Maniram, vide FIR (Ex. P-27), recorded by the Investigating Officer (PW-11). It is further case of the prosecution that the appellant was taken into custody and a memorandum (Ex. P-7) was recorded, on the basis of which, it is said that some poisonous substance was seized from the house of the appellant vide Ex. P-8. Seizure of similar substance was also made from one Samaru Yadav, under Ex.P-9. Seized articles were sent for FSL examination and the FSL report revealed that the substance said to be seized from the possession of the appellant vide Ex. P-8 and from that of Samaru Yadav vide Ex.P-9 contained borax - one of the poisonous substances. After completion of investigation, charge-sheet was filed and the learned trial Court framed charges to the effect that in order to eliminate Maniram and Dilchand, appellant administered poison known as borax by mixing with the liquor consumed by the aforesaid two persons leading to their death. Appellant having abjured guilt, was put to trial.

(3.) In order to prove its case, prosecution examined as many as 11 witnesses. Statement of the accused/appellant was also recorded under Sec. 313 Cr.P.C. wherein he denied all incriminating evidence and circumstances appearing against him and stated that he has not committed any offence and has been falsely implicated in the case.