BHAGLU Vs. STATE OF C. G.

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dtd. 31/3/2012 passed by learned Sessions Judge, Kabirdham (Kawardha) in Sessions Trial No.56/2011, whereby and whereunder the appellant has been held guilty for the offence under Sec. 302 IPC and sentenced to undergo Life Imprisonment with fine of Rs.3000.00, plus default stipulation.

(2.) Prosecution story, as unfolded from the judgment of conviction and order of sentence is that an incident happened on 11/7/2011 in respect of which, Merg intimation was recorded in the Police Station on the same day at about 21 hours in PS Bhoremdeo on the basis of which, information is said to be given by Pachche Baiga (PW-1). It was followed by FIR in Ex.P-8 on the report of the same person. In the Merg intimation and FIR it was recorded that on the date of incident, the appellant and the deceased, who were real brothers along with their father, arrived at the house of one Sunau in connection with a ceremony. It was stated that when deceased Chaitu reached and extended wish to elders, his brother Bhaglu - the appellant objected as to why he came there and abused him and did not accept the wish due to which deceased Chaitu got enraged and assaulted appellant Bhaglu on his face with fists blow where-after the appellant, out of anger, picked up a wooden stump lying there and gave a blow on the head of Chaitu resulting in injury and later on, Chaitu died. Offence under Sec. 302 IPC was registered against the appellant on the basis of the said information and inquest over dead body was prepared and sent for postmortem which was conducted by doctor (PW-7). The doctor found that there was internal injury of clotting of blood, though no external injury was found. According to the doctor, cause of death was internal injury as a result of assault by a heavy object but it could not be said whether it was homicidal or not. After completion of usual investigation, charge-sheet was filed before the competent jurisdictional Magistrate who in-turn, committed the case for trial to the Court of Sessions. The trial Court on the basis of the material contained in the charge-sheet framed charges against the appellant alleging commission of offence of murder of Chaitu - the real brother of the appellant. The appellant having abjured guilt was put to trial and the prosecution, in order to prove its case, examined as many as 8 witnesses. Accused was thereafter examined under Sec. 313 Cr.P.C. in respect of incriminating evidence and circumstances appearing against him in the evidence led by the prosecution. The appellant stated that he does not know about the incident and in fact, he had not gone to the house of Sunau and he came to know about the incident later on. He also stated that wife of deceased Chaitu has falsely implicated him. No defence witness was examined.

(3.) Learned trial Court, relying upon the evidence of the prosecution witness particularly the eye witness account of the incident, as stated by Mankunwar (PW-2) - wife of the deceased, held the appellant guilty of commission of offence of murder of Chaitu and imposed life imprisonment.