VEERSINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal filed by the appellants-accused under Sec. 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dtd. 22/2/2016, passed by the learned First Additional Sessions Judge, Raigarh in Sessions Trial No.24/2014, whereby the appellants-accused have been convicted for offence under Sec. 302/34 of the IPC and sentenced to undergo imprisonment for life and fine of Rs.5000.00, in default of payment of fine, to further undergo R.I. for 5 months to each of the appellants.

(2.) Case of the prosecution, in brief, is that deceased Kartikram had land dispute with his brothers namely, Veersingh and Harinath Singh (appellants herein) and on account of that, the appellants always threatened to deceased Kartikram to cause death. On 7/9/2014 at about 5/5/30 p.m. the appellants assaulted Kartikram by spade in Bahara field at village Jatari by which he sustained grievous injuries. Receiving the information about incident, Teejkumar (PW-1), nephew of the appellants and the deceased, reached to the spot whom Kartikram narrated the incident. Thereafter with the help of other persons, Kartikram was admitted to K.G. Hospital, Raigarh and thereafter he was shifted to Shree Balaji Superspeciality Hospital, Mowa, Raipur, where he died on 11/9/2014. Teejkumar (PW-1) lodged dehati nalishi on 8/9/2014 at about 15.45 p.m. vide Ex.P-1 and on the basis of dehati nalishi, FIR (Ex.P-14) was registered against appellant No.1-Veersingh for offence under Sec. 307 of the IPC, but later on, on the basis of story developed by the complainant when Kartikram succumbed to the injuries on 11/9/2014, name of appellant No.2-Harinath Singh has been implicated in the same crime as he was also involved in commission of offence. Dead body of the deceased was sent for postmortem to Pt. Jawaharlal Nehru Medical College, Raipur, where Dr.S.K.Bagh (PW-10) conducted postmortem over the body of the deceased vide Ex.P-9 and found following injuries:-

(3.) Statements of the witnesses were recorded. Bloodstains clothes of appellant No.1-Veersingh, bloodstains clothes of the deceased and spade were sent to Forensic Science Laboratory for examination, however, FSL report has not been received till date. After due investigation, the police filed charge-sheet in the Court of Judicial Magistrate First Class, Raigarh, who in turn, committed the case to the Court of Sessions, Raigarh, from where the First Additional Sessions Judge, Raigarh received the case on transfer for trial. The appellants/accused abjured their guilt and entered into defence that they have not committed any offence and they have falsely been implicated in crime in question.