The burden of proof under Section 106 of the Evidence Act places a duty on the accused to offer a plausible explanation for the circumstances of the crime, especially in cases of circumstantial evidence.

JUDGMENT :

Ramesh Sinha, J.

1. This criminal appeal under Section 374(2) of the CrPC is directed against the impugned judgment of conviction and order of sentence dated 18.07.2023 passed by the Additional Sessions Judge, Chirmiri, District Koriya, in Sessions Trial No.23/2019, by which the appellant herein has been convicted for offence under Section 302 of the IPC and Section 27(1) of the Arms Act and sentenced to undergo imprisonment for life and fine of Rs.1000/-, in default of payment of fine, to further undergo RI for one month and RI for three years and fine of Rs.500/-, in default of payment of fine to further undergo RI for one week.

2. Case of the prosecution, in brief, is that complainant Sangeeta Gond (PW-1) gave dehati morgue intimation to the Police Station Khadgawan Camp Kaudimar, District Koriya that on 6.1.2019 at about 9 A.M. the appellant/her father namely Gangasharan Singh has committed murder of her mother namely Kailashkunwar in their house situated in village Kaudimar due to quarrel which started when the deceased asked the appellant for getting treatment of her disease by exorcism (jhad-foonk). The appellant is alleged to have got angry and attacked the deceased with an iron jarkatti causing serious injuries and has killed her by throwing a grinding stone on her. The complainant further stated that the incident was witnessed by her alongwith Ganga Singh (PW-3), Pratap Singh (PW-2) and Pankaj Singh (PW-5) and they have snatched jarkatti from the appellant. Morgue intimation under Section 174 CrPC was registered by Police Station Khadgawan vide Ex.P-28 and on the basis of morgue intimation, FIR (Ex.P-29) in Crime No.4/2019 for offence under Section 302 of the IPC was registered against the appellant. Inquest of dead body of the deceased was prepared vide Ex.P-3A. Spot map was prepared by the investigating officer vide Ex.P-4. Memorandum statement of the appellant was recorded vide Ex.P-7 and on the basis of his memorandum statement, jarkatti was seized from his possession in presence of the witnesses Premlal (PW-6) and Pratap Singh (PW-2) vide Ex.P-9. Bloodstains soil, plain soil and grinding stone were recovered from the spot vide Ex.P-8. The appellant was arrested on 6.1.2019 vide arrest memo Ex.P-10. Patwari also prepared spot map vide Ex.P-19. Dead body of deceased Kailashkunwar was sent for postmortem to Community Health Center, Chirmiri, where Dr.Pradip Kumar Rohan (PW-11) conducted postmortem of body of the deceased vide Ex.P-30 and found following injuries:-

1, 2, 3, 4, 5 multiple incised wounds bone deep exposing brain at one place seen over occipital region (6 inch x 1 inch size), left temporal region (3 inch x 1 inch size, left shoulder 1 inch x ½ & ½ inch x 1 ½ inch vertex left size (1½ x 3 inches).

6, 7, 8 multiple linear contusion (size 5” to 6” x 1 inch size), blackish.

9 Partial amputation of right forearm (through & through cut of both bones except one edge of radial bone

10 Amputation of right little finger.

Dr.Pradip Kumar Rohan (PW-11) has opined that cause of death was shock due to massive external haemmorage due to multiple wounds and death was homicidal in nature. In query report (Ex.P-31), the doctor has opined that cause of death is due to injury caused by two objects i.e. jarkatti and grinding stone. Seized articles i.e. article C grinding stone and article D iron jarkatti were sent for examination to FSL and as per FSL Report (Ex.P-25), human blood was found on both the articles C & D.

3. After completion of investigation, charge-sheet was filed before the Judicial Magistrate First Class, Chirmiri, who in turn, committed the case to the Court of Session, Koriya, from where the Additional Sessions Judge, Chirmiri received the case on transfer for trial. The accused/appellant abjured the guilt and entered into defence.

4. In order to bring home the offence, the prosecution examined as many as 12 witnesses and exhibited 32 documents Exs.P-1 to P-32. Statement of the accused/appellant was rec