Decided on September 11,2008

DHULGO Appellant


- (1.)THIS appeal is directed against the judgment of conviction and order of sentence dated 12. 7. 2002 passed by the Additional Sessions Judge and special Judge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, jagdalpur in Sessions Trial No. 473/2001, whereby, the appellant has been convicted under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,500, in default of payment of fine to further undergo R. I. for 1 year.
(2.)DECEASED-KAMLU was the real brother of complainant Foska (PW4 ). They were residing separately. On 29. 8. 2001, Foska was informed by his mother, Mangli, that the appellant has committed murder of Kamlu in his house at about 8. 30 p. m. Foska went to the house of appellant and saw that the dead body of his brother was lying in the courtyard of the house of the appellant. When he asked to the appellant as to why he committed murder of deceased, the appellant replied that since the deceased was trying to molest his wife, therefore, he had assaulted him with Danda. According to the prosecution, the assault was witnessed by 2 eyewitnesses namely Smt. Sarai (PW2) and mangli (PW3 ). Foska lodged the First Information Report (Ex. P4) in the concerned police station on 30. 8. 2001. The merg intimation (Ex. P6) was also lodged on the same day. On 30. 8. 2001 during the course of investigation, the inquest (Ex. P7) on the body of the deceased was prepared and the dead body was sent for postmortem to Maharani hospital, Jagdalpur, where the post-mortem examination was conducted by Dr. V. K. Dhruw (PW7), who prepared his report Ex. P18. The Autopsy Surgeon noticed the following injuries on the body of the deceased:
(i) Lacerated wound, 2 x 1/2 inch above right eye; (ii) Lacerated wound 2 x 1/2 inch on right temporal region; (iii) Lacerated wound 1 x1/2 inch over occipital region having a depressed fracture; (iv) Ecchimosis 2x1 inch on the left clevical region; and (v) There were fractures of right IV, V, VI ribs. He opined that the death was due to tramatic shock. In further investigation a memorandum (Ex P 11) of the appellant was recorded under Section 27 of the Evidence act and a bamboo stick was seized under ex. P12 in pursuance of discovery made through it. The seized articles were sent for their chemical examination to Forensic Science Laboratory, Raipur under Ex. P16 but no report could be obtained.

(3.)AFTER completion of usual investigation, the charge-sheet was filed in the Court of chief Judicial Magistrate, Jagdalpur, who in turn committed the matter, whereafter the trial was conducted by the Special Court, jagdalpur and the appellant was convicted and sentenced as aforementioned.

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