BHAIYALAL SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this appeal filed under Section 374(2) Cr.P.C., the appellant has challenged the legality, validity and propriety of the judgment of conviction and order of sentence dated 28.04.2011, passed by the 1st Additional Sessions Judge, Manendragarh at Baikunthpur, District Koriya, C.G. in S.T. No.13/2011, whereby and whereunder the appellant stands convicted for the offence punishable under Sections 302 and 201 of the IPC and sentenced him to undergo imprisonment for life and fine of Rs.5,000/-, in default of payment of fine to further undergo R.I. for 6 months; and imprisonment for 7 years and fine of Rs.5,000/-, in default of payment of fine to further undergo R.I. for 6 months respectively.

(2.) Case of the prosecution in brief is that merg intimation Ex.P-1 was lodged by Nand Kumar Panika on 11.12.2010 informing that one unknown dead body of a man was found near the culvert in injured condition. Thereafter, Ex.P-2 Dehati Nalishi was lodged by Nand Kumar Panika on 12.12.2010 against unknown person. FIR Ex.P-28 was registered on 12.12.2010 under Sections 302 and 201 of IPC against the unknown person. After summoning witnesses, inquest on the dead body of the deceased was prepared vide Ex.P.24. The recovered dead body of the deceased was identified by PW-5 Ramrati (wife of the deceased). The dead body was sent for postmortem examination to Primary Health Center, Patna, District Koriya, C.G. where PW-9 Dr. A.K. Sharma, conducted postmortem and found following injuries:-

(3.) Statements of the witnesses were recorded and charge sheet was filed against appellant under Sections 302 and 201 of the IPC followed by framing of charge by the trial Court accordingly. The accused/ appellant denied the charges framed against him and prayed for trial.