SHATRUGHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By means of this appeal, the accused appellant has assailed the correctness of the judgment and order of the High Court dtd. 6/4/2015 passed by a Division Bench of the High Court of Chhattisgarh dismissing the Criminal Appeal No.3 of 2010 titled Statrughan vs. State of Chhattisgarh, whereby the conviction under sec. 302, Indian Penal Code (IPC) and the sentence to undergo life imprisonment along with fine of Rs.5,000.00 passed by the IInd Additional Sessions Judge, Baloda Bazar, Dist.Raipur in Sessions Trial No.41 of 2009 has been affirmed. The appellant is in jail and has already undergone almost 15 years incarceration.

(2.) According to the prosecution story, Vijay Kumar (PW1) uncle of the deceased (Jagat Ram) lodged a First Information Report at 04:30 AM on 20/7/2008 that on the previous night at about 08.00 PM while he was sitting in his house, his nephew Jagat was returning on a cycle and he heard his nephew shouting, while passing in front of the house of one Chandu "Kaka Vijay Singh run, Shatrughan has assaulted me with a Tabbal".

(3.) On hearing the said cry for help, the informant along with his wife, ran to the lane in front of the house of Chandu Lal and saw that his nephew Jagat was lying on the road and that Shatrughan was moving on his cycle along with Tabbal towards his house. His nephew told him that Shatrughan, in order to murder him, had assaulted with Tabbal on his neck and thereafter escaped. His nephew was bleeding. In a loud voice, he called for help to save his nephew who had been assaulted by Shatrughan. On his call, his daughter and other residents of the neighbourhood collected. Father of the deceased, Ajit Ram took the injured on Motor Cycle of Sitaram for medical help. After some time, he returned and informed that Jagat had died. The said complaint was registered as FIR No.215 of 2008 at Police Station Kasdol, District Raipur. Investigation was entrusted to Investigating Officer (IO) (PW-16) who visited the spot, got the inquest prepared, recorded the statements of the informants as well as the witnesses, arrested the appellant and recovered various articles including the weapon of assault, other clothes containing blood stains and also recovered the cycle. The post-mortem was conducted on 20/7/2008 itself at 02.00 PM. Following ante mortem injuries were noticed: