SHRICHAND Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 7/1/2004 passed by First Additional Sessions Judge, Baloda Bazar C.G. in Sessions Trial No. 286/2003 whereby and where under after holding the appellant guilty for the commission of offence of culpable homicide amounting to murder of his son Chaitram convicted the appellant under Section 302 of the Indian Penal Code and sentenced imprisonment for life and fine of 1000/- in default of payment of fine amount additional rigorous imprisonment for 1 year.

(2.) Conviction is impugned on the ground that without any iota of evidence sufficient for conviction of the appellant, Court below has convicted and sentenced the appellant as aforementioned and thereby committed an illegality.

(3.) As per case of the prosecution, on faithful night of 14/6/2003 at about 12.30 (0.30) appellant along with his son Chaitram and another child were present in his house at village Kusumi. Present appellant assaulted his son Chaitram and caused repeated injuries over his body and caused instantaneously death of Chaitram. Appellant bolted the room from out side the house where other children were also present. Appellant went to the Police Station Palari with blood stained axe, his body and cloths were stained with blood. Police Officers have directed one Police Officer to find out the truth who went to the village thereafter some villagers went to the house of appellant and saw the dead body of Chaitram inside the room. They went to Police Station where appellant was present they called the appellant and inquired then he made extrajudicial confession that he has committed the murder of his son Chaitram same was recorded vide Ex. P-9 thereafter PW3 Madandas lodged First Information Report vide Ex. P-5. Marg was recorded vide Ex. P-6. Investigating Officer left for scene of occurrence and after summoning the witnesses vide Ex. P- 13, inquest over the dead body of deceased Chaitram was prepared vide Ex. P-14. Blood stained axe and blood stained towel were seized from the appellant vide Ex. P- 15. Dead body was sent for autopsy to Community Health Center Palari vide Ex. P-2A. PW2 Dr. F.R. Nirala conducted autopsy vide Ex. P-2 and found following injuries: