(1.) The accused/Appellant Premsingh has preferred this appeal through Superintendent, Central Jail, Raipur questioning the legality of judgment of conviction and order of sentence dated 23-9-1994 passed by learned Ilnd Additional Sessions Judge, Raigarh, in Sessions Trial No. 246/93, whereby the learned Additional Sessions Judge, after holding the accused/Appellant Premsingh guilty for commission of the offence punishable under Section 302 of the Indian Penal Code, 1860, sentenced him to undergo imprisonment for life, and convicted the other accused persons namely Dharamsingh, Nanhooram and Rambharos under Section 326 read with Section 34 of the Indian Penal Code, 1860 and sentenced each of them to undergo rigorous imprisonment for 1 year and 47 days and also to pay a fine of Rs. 200.00 in default of payment of fine, to undergo simple imprisonment for 15 days.
(2.) The case of the prosecution, in brief, is that, Kunjobai, the wife of the deceased Hiraram, lodged a report in the Police Station, Gharghoda to the effect that, on 7-8-1993, at about 8 to 9 P.M., she, along with her husband Hiraram, was sleeping their house. The accused persons Premsingh, Dharam Singh, Nanhooram and Rambharos came to their house. Premsingh dragged Hiraram out of the house. She tried to intervene but the accused Dharamsingh assaulted her with a lathi. Rambharos and Dharamsingh caught hold of her husband Hiraram and beat him with the fist. Premsingh attacked with an iron knife and Nanhooram withe a lathi, as a result of which, Hiraram fail down. Kunjobai started crying. Hearing her cries, Sadhram came on the scene of occurrence, but the accused persons ran away therefrom. Kunjobai called Mangalsingh, Panchram and Deonath and apprised them about the incident. Hiraram was alive at that time and was talking. He disclosed about the incident to Sadhram, Panchram, Mangalsingh and Deonath and he died at about 4 A.M. The Investigating Officer, after registering the F.I.R. Ex. P-21, took up the investigation and prepared panchanama of the dead body under Ex. P-4. The plain soil and the blood stained soil were taken into possession from the place of the occurrence under Ex. P-5. The accused/Appellant Premsingh gave memorandum Ex. P-6 about the place where the iron knife was kept, and in purstance of that, he got recovered the iron knife under Ex. P-7. The clothe of the accused/Appellant premsingh was taken into possession under Ex. P-8. The accused Nanhooram gave memorandum Ex. P-9 about the lathi and the same was recovered under Ex. P-10. The site-plan Ex. P-14 was prepared and the dead body was sent for post mortem examination. The post mortem was conducted by P.W. 8. Dr. N.C. Roy, Assistant Surgeon, Primary Health Centre, Gharhoda and post mortem report was prepared by him under Ex. P-17. After completion of the investigation, a charge-sheet was filed in the Court of Judicial Magistrate First Class, Gharghoda, who committed the case to Sessions Judge, Raigarh for trial, wherefrom the learned Ilnd Additional Sessions Judge received the case on transfer for trial.
(3.) The prosecution, in order to prove the offence against the accused persons, examined 9 persons. Statement of the accused persons were recorded under Section 313 of the Code of Criminal Procedure, in which, they denied the prosecution evidence, pleaded innocent and said that they have been falsely implicated in the crime.;