SONU Vs. STATE OF C G

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction & order of sentence dated 31-8-2004 passed by the 2nd Additional Sessions Judge, Jagdalpur in Sessions Trial No. 10/2004, whereby & whereunder learned Additional Sessions Judge while acquitting two accused persons held the appellant herein guilty for causing culpable homicide amounting to murder of Gutur Mahra, convicted the appellant under Section 302 of the IPC and sentenced him to undergo imprisonment for life & pay fine of Rs.500/-, in default of payment of fine to further undergo RI for one month.

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

(3.) As per case of the prosecution, on the fateful night of 17-11-2003 at about 9 p.m. unfortunate deceased Gutur Mahra was present in his house, he was sitting near fire along with Mitki Bai (PW-1) - his daughter, other family members and one Chergu of Village Devurgaon, on account of enmity relating to engagement of daughter of the deceased namely Gadamani, the appellant herein along with two accused persons came to the house of the deceased and told to withdraw the report which the deceased has lodged, on refusal the appellant took out knife and caused single blow over chest of the deceased. Mitki Bai (PW-1) rushed from the spot and went to Village Sosanpal where her uncle was residing. She narrated the incident to her uncle Sunder and along with Sunder she went to Police Station Frejarpur which is 18 Kms. away from the place of incident, on 18-11-2003 at 7.10 a.m. and lodged FIR vide Ex.P-1 and merg vide Ex.P-2. The Investigating Officer left 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 and plain soil were recovered from the spot vide Ex.P-10. Dead body was sent for autopsy to Maharani Hospital, Jagdalpur, vide Ex.P-12. Autopsy was conducted by Dr. Mrs. S. Nagwanshi (PW-7) vide Ex.P-19 and following injuries were found:--