BHUNESHWAR Vs. STATE OF CHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction & order of sentence dated 7-9-2005 passed by the Sessions Judge, Surguja (Ambikapur) in Sessions Trial No. 2/2005, whereby & whereunder learned Sessions Judge after holding the Appellant guilty for commission of culpable homicide amounting to murder of Jawahar Kushwaha, convicted the Appellant under Section 302 of the IPC and sentenced him to undergo imprisonment for life.

(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 day of 1-11-2004 between 10 & 11 a.m. Jawahar Kushwaha (since deceased) was talking with children & wife of the Appellant who is his nephew, the Appellant came inside the room and repeatedly assaulted him by heavy wooden plank (geda) and caused fatal injuries as a result of which he became unconscious. Immediately, wife of the deceased namely Jagmania Bai (PW-4) present near the place of incident went to Police Station Darima along with her son Bhushan (PW-5) and lodged roznamcha vide Ex.P-7. Police came to the spot and took the injured to hospital for treatment. During the course of treatment at Ambikapur, Jawahar died on same day at about 9.30 p.m. Merg was intimated by District Hospital. Ambikapur to Police Station Ambikapur vide Exs.P-13 & P-14 same was recorded as Ex.P-15. Finally, merg was recorded vide Ex.P-16 by Police Station Darima and FIR was recorded vide Ex.P-19. After summoning the witnesses vide Ex.P-8. inquest over the dead body of the deceased was prepared vide Ex.P-9. Spot map was prepared by the Investigating Officer vide Ex.P-10. Patwari also prepared spot map vide Ex.P-11. Dead body of Jawahar was sent for autopsy to District Hospital. Ambikapur vide Ex.P-27. Dr. V.K. Shrivastava (PW-3) conducted autopsy vide Ex.P-5 and found following injuries: