BHAGIRATHI ROOPDHAR CHOUHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction & order of sentence dated 20.5.1992 passed by the Second Additional Sessions Judge, Raigarh, in Sessions Trial No.35/92, whereby & whereunder learned Second Additional Sessions Judge after holding the appellant guilty for commission of culpable homicidal death of deceased Aghnuram amounting to murder, convicted under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life and to pay fine of Rs.200/-, in default of payment of fine to further undergo rigorous imprisonment for two months.

(2.) Conviction is impugned on the ground that without there being any clinching and credible evidence sufficient for conviction of the appellant, learned Second Additional Sessions Judge has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

(3.) Case of the prosecution, in brief, is that appellant a carpenter who was preparing vyas gaddi (furniture) at the instance of deceased Aghnu Ram, on the fateful day of 24.12.91 at about 7 a.m., Aghnuram went to the house of the appellant, the appellant assaulted him by axe when he and the deceased were present inside the house of the appellant and thereafter the appellant fled from the house after closing door. At about 9 a.m., Dwitiya Bai (PW-3) wife of the deceased along with Baran Lal (PW-2), son of the deceased Aghnuram went to the house of the appellant, door was closed, they open the door and went inside the room where they saw the dead body of the deceased stand with blood, then they came back and intimated the incident to Kalyan Yadav, Rikhi Ram Samaru, Kotwar Girdhari and other persons, they searched the appellant, but he was not present, then Ghasiram (PW-1) younger brother of the deceased went to the police station and lodged the F.I.R. vide Ex.P/1 and merg intimation vide Ex.P/2. Investigating officer proceeded for the scene of occurrence and after summoning the witnesses vide Ex.P/3, prepared inquest over the dead body of the deceased vide Ex.P/4. Bloodstained soil, plain soil and one bloodstained bed sheet were recovered from the spot vide Ex.P/6. One vyas gaddi (furniture) was seized vide Ex.P/7 from the spot. Dead body of the deceased was sent for autopsy to Primary Health Centre, Gharghoda vide Ex.P/15. Autopsy was conducted by Dr.N.C.Rai (PW-11) vide Ex.P/21 and found following injuries over the body of the deceased,