RAJESH SONI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 02.07.2014 passed by Sessions Judge, Durg in Sessions Trial No.268/2013, whereby and whereunder the appellant has been convicted under Section 302 IPC and sentenced life imprisonment.

(2.) The prosecution story, as is unfolded from the impugned judgment and the prosecution case is that on 22.07.2013, at about 21:30 hours, Sandhya Banjare (PW-5) gave Merg intimation in the Police Station that Rajaram @ Rajja died. Merg intimation in Ex.P6 was recorded in the Police Station. The Police proceed to the scene of occurrence, inquest was conducted and report in Ex.P-5 was prepared. The dead body was sent for postmortem. Doctor (PW-12) conducted postmortem and prepared a report in Ex.P-18. The doctor opined that cause of death was shock and hemorrhage as a result of grievous injury in the intestinal loop. He opined that death was homicidal in nature because number of injuries were also found on the body. The postmortem report was received in the Police Station on 02.08.2013 and an FIR in Ex.P-13 was registered against unknown person on 03.08.2013.

(3.) In order to prove its case, the prosecution examined as many as 12 witnesses. The accused was then examined under Section 313 Cr.P.C in respect of incriminating evidence and circumstances appearing against him in the evidence led by the prosecution. The appellant denied the circumstances and pleaded innocence stating that he was falsely implicated, he did not kill Rajaram, Rajaram was his friend and there was no dispute between them. The accused examined himself as the solitary defence witness as DW-1.