PITAMBAR MALI Vs. STATE OF C G

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 3/6/2002 passed by Additional Sessions Judge Jagadalpur in Sessions Trial No. 21/02 whereby and where under after holding the appellant guilty for the commission of culpable homicide amounting to murder of Urmila Bai convicted the appellant under Section 3 02 of the Indian Penal Code and sentenced imprisonment for life.

(2.) The judgment is impugned on the ground that without iota of evidence Court below has convicted and sentenced the appellant aforementioned and thereby committed an illegality.

(3.) Case of the prosecution in brief is that on fateful day of 13/12/2001 at about 3.30 P.M. deceased Urmila Bai was present in her house at Bhakharupara, Narayanpur appellant who was working at Tahsil Office came to the house of the Urmila Bai for serving the notice appellant demanded liquor from the Urmila Bai, Urmila Bai told him that she is not having liquor then appellant threat her and went towards his house after some time again he came back with knife and again after threatening he assaulted her by knife over his abdomen he removed the knife from the body of the deceased and fled away. Urmila Bai was badly injured she ran towards the house of Krishna Yadav but she fell down and after some time as a result of injury she died. Mother of the deceased PW1 Ghudai Bai was staying in the house of the deceased went to the police station and lodged the First Information Report Vide Ex. P-l. Investigating Officer left for scene of occurrence and after summoning the witnesses Vide Ex. P-ll, inquest over the dead body of deceased was prepared vide Ex. P-12. Dead body was sent for autopsy to the Community Health Center, Narayanpur vide Ex. P-4A. Autopsy was conducted by PW5 Dr. Anita Tiwari Vide Ex. P-4 and found following injuries:- (1) One stab wound over the chest 2.5 x 0.5 x 5 cm. (2) 4th rib was found fracture (3) stab wound of 1.5 x 0.5 x 2 cm. over right lung (4) Pulmonary artery was found cut, blood was present in thorax cavity. Death was as a syncope as a result of hemorrhage and death was homicidal in nature.