RAMSUNDAR Vs. STATE OF C G

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and orderof sentence dated 30.06.2003 passed in Sessions Case No. 134 of 2002 by the Sessions-Judge, Surguja place at -Ambikapur whereby and whereunder after holding the appellant guilty for the offence punishable under Section 302 and 323 of the I.P.C. for causing homicidal death amounting to murder of Raabutram and causing simple injury to Ghursai, grandfather and father of the appellant, the learned Sessions Judge convicted the appellant under Section 302 and 323 and sentenced to rigorous imprisonment for one year under Section 323 of the I.P.C. and lifi imprisonment under Section 302 of the I.P.C.

(2.) Judgment & order are challenged on the ground that without any clinching and credible evidence, the Court below has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

(3.) Case of the prosecution in brief is that on fateful day 10.02.2002 at 1.30 a.m. (in the night) the deceased was sleeping in his house. The minor daughter of the appellant started weeping. Wife of the deceased directed the wife of the appellant to take care of the child, then the appellant tried to assault the wife of the deceased by axe and during the course of interception the father of the appellant received injury and when the deceased came to intervene, the appellant also assaulted him by axe and as a result of injuries by axe, the deceased died. Ghursai P.W. 1 - Father of the appellant and son of the deceased lodged F.I.R Ex.P.l on 10.02.2002 at 12.40 p.m. and merg intimation vide Ex.P.2. Investigation Officer proceeded for the spot where after summoning the witnesses vide Ex.P.3, inquest over the dead body was prepared vide Ex.P.8A. Dead body was sent for autopsy which was conducted by Dr. Rajendra Bansariya P. W.7 vide Ex.P.25, who after examination found the following injuries: