PETALA @ GAGARU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant appeal has been preferred by the accused against the judgment dtd. 07/07/2014 passed by the Sessions Judge, Bastar at Jagdalpur in Sessions Trial No.23 of 2014, whereby the accused has been convicted under Sec. 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and pay fine of Rs.2,000.

(2.) According to the case of prosecution, deceased Maniram had agreed to purchase a piece of land from the Appellant and against that he had paid him an advance. Later on, the Appellant sold that piece of land to some other person and instead of refunding the advance in full to Maniram, he refunded him a part thereof only. On 26/12/2013, i.e., the date of incident at about 5:30 p.m., Maniram and the Appellant met at the house of Sukru. There, Maniram made demand for refund of the balance of advance. On this, a dispute took place between them. On being inculcated, the Appellant went out from there. It is the further case of the prosecution that same day at about 6:30 p.m., Maniram came out of the house of Bhushan (PW9). At that time, the Appellant came there and gave 3 blows on the stomach of Maniram with a knife and fled from there. Injured Maniram was taken to the hospital. He was first medically examined by Dr. Mahendra Prasad (PW11). His report is Ex.P11. The matter was reported by Hemkant (PW1) in Police Chowki, Maharani Hospital, Jagdalpur vide Dehati Nalishi (Ex.P1). On the basis of the Dehati Nalishi, First Information Report (Ex.P13) was registered. Dying declaration (Ex.P12) of Maniram was also recorded in the hospital. During the course of treatment, Maniram died in the hospital on 27/12/2013. Morgue intimation (Ex.P10) was recorded. Inquest proceeding (Ex.P3) was conducted. Post mortem examination over dead body of Maniram was conducted by Dr. Kiran Patil (PW6). Her report is Ex.P7. Statements of witnesses were recorded under Sec. 161 of the Code of Criminal Procedure. On completion of the investigation, a charge-sheet was filed against the Appellant. The Trial Court framed charge against him.

(3.) To rope in the Appellant, the prosecution examined as many as 13 witnesses. In examination under Sec. 313 of the Code of Criminal Procedure, the Appellant denied the guilt and pleaded innocence. No witness was examined in his defence.