C A V Judgment

Sanjay K. Agrawal, J.

1. This criminal appeal under Section 374(2) of the CrPC preferred by the appellant is directed against the impugned judgment of conviction and order of sentence dated 12.05.2015 passed by the learned 2nd Additional Sessions Judge, Manendragarh, District Korea, Chhattisgarh in Sessions Trial No. 27/2013 by which appellant has been convicted for offence under Section 302 read with Section 34 of the IPC and Section 201 of the IPC and sentenced to undergo imprisonment for life ₹

and pay a fine of 5,000/-, in default of payment of fine, further simple imprisonment for six months and sentenced to ₹

undergo rigorous imprisonment for 5 years and pay a fine of

1,000/-; in default of payment of fine, further simple imprisonment for three months. Both the sentences were directed to run concurrently.

Case of the prosecution :-

2. Case of the prosecution, in nutshell, is that on 12.08.2012 in the house of Dharamjeet at village Khandhaura, Police Station Khadgawan, District Korea (C.G.), appellant herein forcibly made Ramsai to drink insecticide and thereafter, Ramsai went to the house of Indra Kunwar (PW-6) and told her about the incident and thereafter, he died at about 11:00 pm. To screen from the offence, appellant concealed the phial and container / box of insecticide near the field and bridge. It is further case of the prosecution that on the date of offence i.e. 12.08.2012 when Ramsai was working in the field, Village Sarpanch Mohar Singh asked Nanku to call him, but on being called thrice Ramsai did not go to meet him, then Sarpanch himself went to meet Ramsai and thereafter, Ramsai came along with Sarpanch. After work being done, Ramsai went to his house and lying on the cot and without saying anything, he died. Merg was registered vide Ex.D/1 on 13.08.2014 and after delay of more than three months, FIR was registered vide Ex.P/14. Inquest proceedings (Ex.P/7A) were conducted and the dead body of the deceased was sent for postmortem. In the postmortem report (Ex.P/13A) proved by Dr. J.K. Yadav (PW- 19), no definite opinion was assigned regarding cause of death, so viscera was preserved for FSL. Pursuant to the memorandum statement of the appellant (Ex.P/1), container / box of insecticide has been seized vide Ex.P/2. Seized articles were sent for chemical analysis to FSL and in the FSL report (Ex.P/23A), on Article 'A' i.e. container / box stains of organophosphorus insecticide (methyle parathion) were found and also in FSL report dated 20.11.2012, in viscera of the deceased same insecticide i.e. organophosphorus insecticide (methyle parathion) was found.

3. After due investigation, appellant was charge-sheeted for the aforesaid offences and the case was committed to the Court of Sessions for trial in accordance with law. The appellant /

accused abjured his guilt and entered into defence.

4. In order to bring home the offence, prosecution has examined as many as 24 witnesses and exhibited 23 documents and defence in support of its case has not examined any witness, but exhibited five documents.

5. The learned trial Court after appreciating the oral and documentary evidence available on record, convicted the appellant / accused for the offences as mentioned in the opening paragraph of the judgment, against which this appeal has been preferred questioning the impugned judgment of conviction and order of sentence.

Submission of the parties :-

6. Mr. K.K. Singh, learned counsel for the appellant, submits that appellant has falsely been implicated in crime in question and he has been convicted by recording a finding which is perverse to the record. He also submits that there is a delay of almost four months in lodging the FIR which was not explained by the prosecution and the prosecution case rests solely on circumstantial evidence. Recovery of the insecticide container / box is from an open place. He further submits that it cannot be said with certainty whether Ramsai committed suicide or was forced to consum