RAJ KUMAR Vs. STATE OF C G

JUDGEMENT

(1.) The challenge in this appeal is to the judgment of conviction and order of sentence dated 13.01.2003 passed by 6th Additional Sessions Judge, Durg in Sessions Case No. 157 of 2002 whereby and whereunder after holding the appellant guilty for commission of homicidal death amounting to murder of his mother - Kaushalya and consequent to the evidence of criminal case, the learned Additional Sessions Judge convicted the appellant under Section 302 and 201 of the I.P.C, and sentenced him to undergo life imprisonment under Section 302 of the I.P.C. and to undergo rigorous imprisonment for three years under Section 201 of the I.P.C.

(2.) The judgment is challenged on the ground that without considering clinching and credible evidence, the learned Additional Sessions Judge convicted and sentenced the appellant as aforesaid mentioned and thereby committed illegality and irregularity.

(3.) Case of the prosecution in brief is that on fateful day of 04.05.2002 at about 3.00 p.m. the appellant, son of the deceased - Kaushalya, was present in his house. Deceased was also present in the house. The deceased received injury inside the house. The appellant lodged Dehati Nalishi Ex.P.21 against three persons that three persons came to his house for repairing hand pump and out of them one person caught hold his hand and pushed him inside the bath room and closed him from outside. They were holding iron pipe screw diver and have assaulted his mother. On the basis of Ex.P.21, registered F.I.R. was lodged. Neighbours came, he took the mother in injured condition to hospital for treatment. Her condition was serious. Lacerated wound was found over her body. During the course of treatment, she died. On the same day, at about 10.30 p.m. merg was recorded vide Ex.P. 17 and Ex.P. 18. After summoning the witnesses vide Ex.P. 19, inquest over the body of Kaushalya Ex.P.20 was prepared. Dead body was sent for autopsy to Government Hospital, Durg vide Ex.P.22 and autopsy was conducted by P.W.8 Dr. C.S. Morey vide Ex.P. 13 and found the following injuries: