NOKHRAM Vs. STATE OF C.G.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated 30-11-2005 passed Additional Sessions Judge, Sakti in Sessions Trial No. 25 of 2005, whereby and whereunder after holding the appellant guilty for commission of culpable homicidal death of Bhanuram, learned Additional Sessions Judge convicted the appellant under Section 302 Indian Penal Code and sentenced him to undergo life imprisonment and to pay fine of Rs.500/-, in default of payment of fine to undergo further R.I. for three months.

(2.) Conviction of the appellant is impugned on the ground that without any iota of evidence the court below has convicted and sentenced the appellant and thereby committed illegality.

(3.) The case of the prosecution, in brief, is that on 19-9-2004 at about 1.00 pm., when the father of the appellant/accused namely Bhanuram was sitting near the betal shop of Paduman at Bus Stand, Hasaud, the appellant came with an axe and assaulted his father over his body i.e., head, neck and hand as a result of which his father fell down. The incident was seen by PW/1 Niranjan and PW/15 Balram Satnami and Niranjan, Paduman, and Raghu took the injured to Police Station Hasaud.