NEHRU Vs. STATE OF CHHATTISGARH
LAWS(CHH)-2003-4-6
HIGH COURT OF CHHATTISGARH
Decided on April 29,2003

NEHRU Appellant
VERSUS
STATE OF CHHATTISGARH Respondents


Referred Judgements :-

SUBHASH CHAND VS. STATE OF RAJASTHAN [REFERRED TO]
BODH RAJ VS. STATE OF JAMMU AND KASHMIR [REFERRED TO]



Cited Judgements :-

TIJRAM S/O BATULAL VS. STATE OF CHHATTISGARH THROUGH P S PAMGARH, DISTT J [LAWS(CHH)-2017-8-34] [REFERRED TO]


JUDGEMENT

L. C. BHADOO, J. - (1.)Accused/appellants Nehru and Sainiklal have preferred this criminal appeal under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment of conviction and sentence dated 19-1-2001 passed by the learned First Additional Sessions Judge, Raigarh in Sessions Trial No. 129 of 1999 by which the learned Additional Sessions Judge after holding the above accused persons guilty of the offence under Section 302 read with Section 34 of the Indian Penal Code convicted each of them under the said Section and sentenced to undergo imprisonment for life.
(2.)The relevant facts for the disposal of this criminal appeal are that Mangal Singh gave Merg intimation (Ex. P-1) to Gharghoda Police Station on 25-4-1999 at 10.00 a.m. stating that his brother in relation Ramlal Majhi sowed paddy crop in his field and he used to go every day in the evening to watch the crop. As usual yesterday, i.e., 24-4-1999 in the evening at about 4.00 p.m. he left his residence for his agricultural field and he did not return in the night. Today, in the morning at about 6.00 the ladies of the village went to fetch water from the pond and along with those ladies wife of Ramlal had also gone. From those ladies he along with other villagers came to know that the dead body of Ramlal is lying in the pond and some portion of the body is visible and near the bathing platform of the pond some blood is lying and the clothes and axe of the deceased is also lying there. Thereafter the villagers along with Kotwar of the village went to the site and found that the dead body of Ramlal was lying in the water of the pond. On this, the police after giving intimation to the Panchas, went to the spot and prepared a site map (Ex. P-2). The post-mortem of the body of the deceased was got conducted by Dr. S.N. Kesari ( P. W. 13) who noticed five incised wounds on the forehead and near the eye and after conducting the post-mortem the doctor opined that the cause of death of the deceased was asphyxia as a result of drowning and choking of the trachea. Thereafter the Investigating Officer took the accused persons into custody and during the police custody accused Nehru gave a memorandum (Ex. P-4) under Section 27 of the Evidence Act that the weapon of offence - axe he has concealed in his house and he can get the same recovered. At the instance of accused Nehru the axe was recovered vide Ex. P-5. A white Terri cot ready-made shirt stained with blood was taken into possession vide Ex. P-6. The clothes and the axe of the deceased were taken into possession vide Ex. P-8 from the scene of the occurrence. The Panchanama (Ex. P-13) of the dead body was prepared. The recovered clothes and the axe were sent for chemical examination and the reports of the serologist and the FSL were received. The police after completing the formalities filed the charge-sheet against the accused/appellants.
(3.)The learned Additional Sessions Judge framed the charge under Section 302 read with Section 34 of the Indian Penal Code against both the accused persons and the accused denied the charge.


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