LAXMINATH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal by the accused is directed against the judgment of the High Court dated 27.03.2008 whereby the High Court while upholding the judgment of the Trial Court convicted the accused for offence punishable under Section 302 of the Indian Penal Code and sentenced him to life imprisonment.

(2.) We agree with the learned counsel for the appellant that the High Court has not discussed the entire evidence in the manner in which the First Appellate Court in a murder case should discuss the same. However, we are of the considered opinion that keeping in view the fact that the occurrence is of 12.12.1997 and 22 years have elapsed, it would not be fair to either side to remand the case only on this count. We, therefore, have, with the assistance of the counsel, gone into the entire relevant evidence in detail. The FIR (Ext.P/5) was lodged at the instance of PW-1, who is the cousin of the accused and father of the deceased. In this FIR it is stated that his brother (Laxminath-Deceased) wanted to construct a house on his land to which his son Kursan (deceased) objecting and, therefore there was altercation between them.

(3.) At about 8-9 am in the morning accused Laxminath came armed with an axe, entered his house and attacked his son and gave three blows of the axe on the side of the face as a result of which his son died. He further states that his wife and daughter-in-law raised an alarm and shouted that the deceased had been killed by the accused. Therefore, he has lodged the report.