PRABHAKAR REDDY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 4-8-2006 passed by the Additional Sessions Judge, Balod, in Sessions Trial No. 74/2006, whereby and where - under learned Additional Sessions Judge after holding the appellant guilty for commission of culpable homicide amounting to murder of Ashok Shende, convicted the appellant under Section 302 of the I.P.C. and sentenced him to undergo imprisonment for life and pay fine of Rs. 1,000/-, in deafult of payment of fine to further undergo R.I for one year.

(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, on the fateful day of 31-8-2005 at about 7.30 p.m. the appellant quarrelled with Ashok Shende (since deceased) and caused stab wound by knife on abdomen whereby stomach was cut, relatives of Ashok Shende brought him to the hospital and he made dying declaration that the appellant has caused injury to him. During the course of treatment. Ashok Shende died. Death was intimated to the police vide Exs. P.21 and P.21 A. FIR was recorded at the instance of Siddharth (PW. 2) younger brother of Ashok Shende. After summoning the witnesses vide Ex. P-1, inquest over the dead body of Ashok Shende was prepared vide Ex. P-2. Bloodstained and plain soil were recovered from the spot vide Ex. P-12. Dead body was sent for autopsy to Government Hospital, Chikhlakasa vide Ex.P.16 A. Dr. P. Ghanendra (P.W. 8) conducted autopsy vide Ex. P-16. Brief autopsy report was submitted vide Ex.P.17. One stab wound of 1" x' 1/2" x 2-1/2" over abdomen with profuse bleeding, one stitched wound over left forehead, contusion over right chest of 1-1/2" x 1/2" were found over the person of Ashok Shende. Perforation and cut injury were also found over stomach. Clothes of the deceased were sealed and same were seized vide Ex.P-13. The accused/appellant was taken into custody, he made disclosure statement of knife vide Ex. P-10 and same was recovered at the instance of the appellant vide Ex.P.11.