SABIR RAM Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 27.05.2004 passed in Sessions Case No. 324 of 2003 by 4th Additional Sessions Judge, Ambikapur by virtue of which the appellant was convicted under Section 302 and 307 of the I.P.C. and sentenced to life imprisonment with fie of Rs. 1000/- and in default to undergo one year additional R.I. and to rigorous imprisonment for 7 years with fine of Rs. 500/- and in default to undergo additional R.I. for three months for commission of homicide amounting to murder of Jeetan and for causing injuries to Gangaram.

(2.) The conviction is impugned on the ground that there is not even iota of evidence against appellant and despite that the Court below has convicted and sentenced the appellant as aforesaid and thereby committed illegality.

(3.) Brief facts of the prosecution story are that on 28.07.2003 Parbal Ram P.W. 1 lodged an F.I.R. Ex.P. 1 at Kamleshwarpur alleging therein that Gangaram, father of the accused and injured witness, came to him and told that Sabir Ram, present appellant and the deceased Jeetan came to his house and a quarrel took place between them. Sabir Ram, the present appellant, suddenly assaulted Jeetan (uncle of the deceased and brother of Gangaram) by a small axe (Tangi), due to that assault Jeetan died instantaneously. It was also alleged therein that when Gangaram wanted to pacify the quarrel, he was also assaulted by Sabir Ram on his thigh and legs. The incident took place on 27.07.2003 between 8-9 p.m. After lodging the F.I.R. Ex.P. 1, Parbal Ram also recorded panchnama of map vide Ex.P.2. Investigating Officer after reaching the incident spot summoned the witnesses vide Ex.P.3 and inquest was also prepared vide P.9. Merg intimation was recorded vide Ex.P. 8. During the investigation, at the instance of memorandum Ex.P.4, small axe was recovered from the appellant vide Ex.P.5. Cloths stained with blood, of the appellant were seized vide Ex.P.6. Bloodstain soil and plain were also seized from the spot vide Ex.P.7. Spot map was prepared vide Ex.P.10. Accused was taken into custody on 29.07.2003. The injured witness Gangaram was sent for medical examination vide Ex.P. 12. Upon examination of Gangaram, Dr. S.N. Bhoi P.W.6 found one Incision wound on left cheek just side of left eye, its size is 3.8 x 0.1 cm., contusion at back measuring 15 cm. x 0.5 cm. and contusion at right side thigh and happened black in colour, its size is 10 x 0.5 cm. M.L.C. report of Gangaram is Ex.P. 17 and injuries found on Gangaram were opined to be serious in nature. Dr. S.N. Bhoi P.W.6 also conducted the autopsy on the dead body of Jeetan and found the following injuries: