Decided on August 23,2003

Neelkanth Appellant


L.C. Bhadoo, J. - (1.)ACCUSED /appellant Neelkanth has preferred this criminal appeal under Section 374(2) of the Code of Criminal Procedure, 1973 being aggrieved by the judgment of conviction and sentence dated 21/05/ 1992, passed by the learned Second Additional Sessions Judge, Raigarh in Sessions Trial No. 1 of 1992 by which the learned Second Additional Sessions Judge after holding him guilty of the offence punishable under Section 302 of the Indian Penal Code convicted and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 200/ - in default of payment of fine to further undergo rigorous imprisonment for two months.
(2.)THE case of the prosecution in brief is that some quarrel had taken place between Ravinarayan (since deceased) and accused Neelkanth in the year 1984 and since then their relations were strained. Ravinarayan took the agricultural land of one Onkar Bharti for the purpose of sowing the crop and for that purpose he ploughed the land. This land was adjacent to the agricultural land of accused Neelkanth. The manure of accused Neelkanth was lying in the land which had been taken by Ravinarayan from Onkar Bharti. On account of ploughing the land by Ravinarayan the manure scattered and their relations were further strained. On the fateful day i.e. on 18/10/1991 at about 12 noon when Ravinarayan was coming back from agricultural land accused Neelkanth assaulted him with Lathi and the lower part of the wooden plough. While beating he was saying "Maar Dalunga" (i.e. he would kill him). On hearing the sound of Maarpeet, Jairam (PW -1) who was sitting near the scene of occurrence in the house of barber came to the scene of occurrence and saw the accused assaulting Ravinarayan with the lower part of wooden of plough. Jairam (PW -1) immediately reached the scene of occurrence and caught hold of the accused. By that time Mayaram (PW -2) also reached there. Ravinarayan died instantaneously. The other villagers also arrived at the scene of occurrence. When Kotwar Kunjram (PW -5) came to know about the incident he called Banshidhar (PW -4) and Bheekham (PW -9) and narrated the incident. The villagers saw the dead body of Ravinarayan. Thereafter Kunjram (PW -5) went to Gharghoda Police Station and lodged the report. On the basis of this report Merg (Ex.P/3) was registered and the first information report was recorded under Ex.P 5. After registering the case the Investigating Officer reached the place of incident. The Investigating officer issuing notices (Exs.P/1 and P/19) to the witnesses prepared the inquest Panchanama (Ex.P/11) of the dead body of the deceased. The plain soil and the blood stained soil, a bamboo club, a part of the wooden plough - weapon of offence, and one blood -stained towel were seized under Ex P 2. The blood stained Dhoti of the accused was seized under Ex P/12. The dead body of the deceased was sent for post mortem examination under Ex.P/7 along with Constable Umashankar. Dr Rajeev Shrivastava (PW -8) conducted the autopsy on the dead body of the deceased and prepared the autopsy report (Ex.P/8).The seized articles were sent for chemical examination. The accused / appellant was also medically examined by Dr. Rajeev Shrivastava (PW -8). Dr. Shrivastava after examining the accused / appellant prepared the medical report (Ex.P/10).
(3.)THE Police after completing the investigation filed the charge sheet against the accused / appellant for the offence punishable under Section 302 of the Indian Penal Code in the Court of Judicial Magistrate First Class Gharghoda who in turn committed the case to the Court of Sessions, Raigarh from where the learned Second Additional Sessions Judge received the case on transfer.
The learned Second Additional Sessions Judge after hearing the counsel for the parties and after perusing the records was of the opinion that there was sufficient material on record to frame charge under Section 302 of the Indian Penal Code against the accused. Accordingly he framed the charge against the accused for the commission of the offence under Section 302 of the Indian Penal Code and the same was read over and explained to the accused / appellant. The accused / appellant denied the charge and claimed to be tried.

The prosecution in order to prove the charge against the accused/ appellant examined in all fourteen witnesses at the trial. The statement of the accused/ appellant was recorded under. Section 313 of the Code of Criminal Procedure. He denied the evidence of the prosecution witnesses and stated that he was innocent and he has been falsely implicated in the case.

The learned Second Additional Sessions Judge after hearing the arguments of the learned Additional Public Prosecutor and the learned counsel appearing for the accused/appellant and after believing the evidence adduced by the prosecution held the accused / appellant guilty of the offence under Section 302 of the Penal Code convicted and sentenced him as mentioned above.

We have heard Shri Vivek Ranjan Tiwan, counsel for the accused/ appellant and shri P.S. Koshy, Govt. Advocate, for the State/respondent.

As for as the nature of the death of deceased Ravinarayan being homicidal is concerned, it is not in dispute. Dr. Rajeev Shrivastava (PW -8) in his evidence has stated that on 20/10/1991 he was posted at Primary Health Centre, Gharghoda as Assistant Surgeon. On that day on the requisition (Ex.P 7) of Gharghoda Police Station he conducted the autopsy on the dead body of deceased Ravinarayan and he found the following injuries on his body.

(a) One lacerated wound on right occipital region obliquely placed from behind forwards and downwards, size 2 1/2" x 1/4" x bone deep.

(b) One lacerated wound on scalp right parietal region obliquely place, size 2 1/4" x 1/2" x bone deep.

(c) One contusion on forehead above left eyebrow with hematoma, size 2 1/2" x 2" - reddish in color.

(d) One contusion extending over both the eyelids of the left eye -blue colored with sub conjunctival hemorrhage in left eye.

(e) One contusion on left shoulder at the root of neck 2" x 21/2" reddish blue colored.

(f) One abrasion on left shoulder 1 1/4" x 1/4" with clotted oozed blood.

(g) One abrasion on left side of back 2 1/2" x 1/4".

In the opinion of the doctor the mode of death is coma due to compression of brain following fracture of skull. The death is homicidal in nature. The post mortem report is Ex.P/8. In view of the evidence of Dr. Rajeev Shrivastava (PW - 8), it stands proved that the death of deceased Ravinarayan was homicidal.

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