PARASRAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the CrPC is directed against the judgment of conviction recorded for offence under Sec. 302 of the IPC and sentence awarded i.e. imprisonment for life and fine of Rs. 3,000, in default of payment of fine to further undergo rigorous imprisonment for one year by the Sessions Judge, Rajnandgaon vide impugned judgment dtd. 28.9.2012 in Sessions Trial No.80/2011.

(2.) The case of the prosecution is that on 15.8.2011 at 6 p.m. at evening at village Matekheda, Police Station Gendatola, the appellant assaulted his father Buddhuram (since deceased) by axe and committed his murder, which is punishable under Sec. 302 of the IPC. It is further case of the prosecution that said Buddhuram had two sons namely Pasasram, appellant herein and one Tikaram (PW?1). Deceased Buddhuram had partitioned his house between him and his two sons appellant?Parasram and Tikaram (PW?1) and each of them were staying in their partitioned portion using the courtyard in front of their rooms, but the appellant was using the courtyard held by deceased Buddhuram, which he was objecting and advised the appellant herein to open his exit door separately for his use and not to use his courtyard, for which meeting was convened in the village and the appellant agreed to open separate exit door from his portion of house, but ultimately he did not do that and in the same evening, he abused and assaulted his father Buddhuram by axe, by which Buddhuram suffered injuries and died. It is also the case of the prosecution that on the date of incident, the deceased second son Tikaram (PW?1) and his wife Puniya Bai (PW?2) both had gone to village Gendatola and when they were returning back, at that time, the accused met them and made extra?judicial confession that he has assaulted his father by axe. When Tikaram (PW?1) and Puniya Bai (PW?2) returned back, they saw that Buddhuram was lying dead in the field adjoining to their house. Thereafter, on 16.8.2011 Tikaram (PW?1) lodged merg intimation vide Ex.P?1 and FIR vide Ex.P?2. The police reached to the spot and prepared inquest of dead body of deceased Budhhuram vide Ex.P?3. Dead body of deceased Buddhuram was sent for postmortem to Community Health Center, Chhuria, where Dr.M.K.Bhuarya (PW?12) conducted postmortem and submitted his report vide Ex.P?14. Thereafter the accused was arrested and on his memorandum statement Ex.P?9, axe was recovered from the appellant vide Ex.P?12. Clothes of the appellant i.e. baniyan and towel were sized vide Ex.P?10. Seized articles were sent for chemical examination vide Ex.P? 19 and report is Ex.P?20 and according to which, human blood was found in seized axe and baniyan. The appellant was charge?sheeted in the Court of Judicial Magistrate First Class, Rajnandgaon, who in turn, committed the case to the Court of Session, Rajnandgaon for trial in accordance with law. The appellant / accused abjured the guilt and entered into defence.

(3.) In order to prove the prosecution case, the prosecution examined as many as 16 witnesses and exhibited 21 documents Exs.P?1 to P?21. Statement of the accused/appellant under Sec. 313 of the CrPC was recorded, in which he denied guilt. However, the accused has examined three documents Exs.D?1 to D?3 in his defence.