Criminal Appeal No. 637 of 2003. Case: Bhagwan Das Vs State of Chhattisgarh. Chhattisgarh High Court

Case Number:Criminal Appeal No. 637 of 2003
Party Name:Bhagwan Das Vs State of Chhattisgarh
Counsel:For Appellant: Adil Minhaj, Advocate and For Respondents: S. Majid Ali, Penal Lawyer
Judges:Prashant Kumar Mishra and Anil Kumar Shukla, JJ.
Issue:Code of Criminal Procedure, 1973 (CrPC) - Sections 161, 313, 437A; Indian Evidence Act, 1872 - Section 27; Indian Penal Code 1860, (IPC) - Section 302
Judgement Date:February 27, 2017
Court:Chhattisgarh High Court
 
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Judgment:

Anil Kumar Shukla, J.

  1. Challenge in this appeal is to the judgment of conviction & order of sentence dated 30.05.2003 passed in Sessions Trial No. 441/2001 by the VIM Additional Sessions Judge (FTC) Durg, District-Durg, whereby and whereunder the Additional Sessions Judge, after holding the appellant guilty for commission of murder of his father Adheram, convicted him under Section 302 IPC and sentenced to undergo imprisonment for life.

  2. As per case of the prosecution, on 15.08.2001 at about 12.30 P.M., a morgue intimation (Ex. P-1) was lodged by Pratapsingh (P.W. 1) in Police Station-Arjunda, District Durg that deceased Adheram was his cousin brother. After three years of marriage of Adheram with Hansuliya, Adheram had left her. The appellant is the son of Adheram (deceased) and Hansuliya. The appellant was residing with her mother Hansuliya and was earning his livelihood. The relation between the appellant and his father Adheram (deceased) was not cordial and Adheram did not like his son (the appellant). One day, the appellant began to cultivate the agricultural land of his father (the deceased), but his father did not allow him to continue the cultivation in his land. On 15.08.2001, at about 12.30 P.M., the appellant assaulted his father on the head and mouth with back portion of an Axe. As a result of which, Adheram died. Kotwar Tirathram (P.W. 2) informed about the incident to Pratapsingh (P.W. 1). Kotwar Tirathram (P.W. 2) was informed about the incident by Hariram, father of deceased Adheram.

  3. On the basis of morgue intimation (Ex. P-1), First Information Report (Ex. P-2) was registered in Police Station-Arjunda, District Durg against the appellant for the offence punishable under Section 302 IPC. The Investigating Officer reached the place of occurrence, gave notice (Ex. P-3) to Panchas and prepared Naksha Panchayatnama (Ex. P-4). Spot map (Ex. P-5) was also prepared. The appellant was arrested vide arrest memo (Ex. P-6). Memorandum (Ex. P-7) of the appellant was recorded under Section 27 of the Evidence Act before Budharuram (P.W. 7) and Mahasingh. In further investigation, at the instance of the appellant, an Axe was seized vide Ex. P-8. Full shirt of the appellant was seized vide Ex. P-9. Plain soil and blood stained soil were seized from the place of occurrence vide Ex. P-10. Another spot-map was prepared by Sub-Inspector Mahesh Sinha (P.W. 8) vide Ex. P-11. Dead body of the deceased was sent to Community Health Centre, Gundardehi, District Durg for postmortem examination vide Ex. P-12. Dr. C.B. Prasad (P.W. 10) conducted the postmortem examination on the dead body of deceased and gave his report (Ex. P-17), in which, he found clotted blood over the right ear and chest, compound fracture on frontal head in the size of 3"x 2"x 1 1/2", fracture on lower jaw and cut wound on lower lip measuring 2"x 1 1/2", whole face was stained with blood, left and right lungs were pale and the heart was pale and empty. Liver, spleen and kidney were pale and bladder was empty. The doctor opined that the cause of death was coma due to fracture of cranial bone, profuse bleeding and fracture of skull bone. The seized articles were sent to Forensic Science Laboratory, Raipur vide Ex. P-15 and the FSL Report...

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