RAMADHAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 21-3-2006 passed by the Additional Sessions Judge, Manendragarh, in Sessions Trial No. 6/2005, whereby and whereunder learned Additional Sessions Judge after holding the appellant guilty for commission of culpable homicide amounting to murder, criminal house trespass with intent to commit offence punishable with death and offence of robbery, convicted the appellant under Sections 449,302 and 392 of the IPC and sentenced him to undergo RI for ten years and pay fine of Rs. 500/-, in default of payment of fine to further undergo RI for five months; to undergo imprisonment for life and pay fine of Rs. 1,000/-, in default of payment of fine to further undergo RI for one year; and to undergo RI for ten years and pay fine of Rs. 500/-, in default of payment of fine to further undergo RI for five months, respectively.

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

(3.) As per case of the prosecution, in the intervening night of 24th and 25th October, 2004, Hirmania @ Bhagmania Bai (since deceased) was present in her house, she was murdered by unknown person and one pair of anklet and Rs. 1,000/- have been sfolen from her house. "Husband of the deceased namely Bechan Singh (P.W. 1) was not present in his house, he was informed about the incident, then he went to the police station and lodged FIR vide Exh. P-l and merg vide Exh. P-2. The Investigating Officer left for the scene of occurrence and after summoning the witnesses, prepared inquest over the dead body of the deceased vide Exh. P-3. Spot map was prepared vide Exh. P-4. Dead body was sent for autopsy to Government Hospital, Khadgawan. Dr. S.H. Shende (P.W. 8) conducted autopsy vide Exh. P-10A and found following injuries :-