SHARAD KUMAR SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of CrPC has been preferred by the appellant herein assailing the impugned judgment dtd. 17/09/2013 passed by learned Sessions Judge, Durg in Sessions Trial No. 02/2013 whereby he has been convicted for offence punishable under Sec. 302 of IPC and sentenced to undergo imprisonment for life with fine of Rs.1000.00 and for default in payment of fine, additional S.I. for 6 months.

(2.) Case of the prosecution, in brief, is that on 29/07/2013 at about 12:30 PM in Krishnanagar, Supela within the ambit of P.S. Supela, the appellant herein assaulted his mother Smt. Neera Bai Sahu with iron pestle on her head due to which she suffered grievous injuries and succumbed to death and he, thereby, committed the aforesaid offence.

(3.) Further case of the prosecution is that on 29/07/2012 at about 12:30 PM, Assistant Sub-Inspector Ishwar Lal Yadav (P.W.-17), on the basis of the information received by Sukhram Sahu (P.W.-1), husband of the deceased and father of the appellant, went to the District Hospital, Durg and inquired Sukhram Sahu (P.W.-1) wherein he stated that appellant had given some money as a loan to one Domanlal, who was not returning the money to him. On the day of the incident, at about 12 noon, appellant asked his father Sukhram Sahu (P.W.-1) to take money from Domanlal and bring him to the house. When Sukhram Sahu (P.W.-1) refused, the appellant started abusing him and thereafter, deceased Smt. Neera Bai Sahu, wife of Sukhram Sahu (P.W.-1) and mother of the appellant, tried to intervene and stopped him from abusing his father and out of anger, the appellant assaulted the deceased on her head with iron pestle kept in the house due to which she suffered grievous injuries and thereafter, she was escorted to the District Hospital, Durg by her husband Sukhram Sahu (P.W.-1). On the basis of the said information, dehati nalishi was registered vide Ex. P/1 and thereafter, crime No. 513/2012 was registered against the appellant for offence punishable under Sec. 307 of IPC vide Ex. P/26. Injured Smt. Neera Bai Sahu was examined by Dr. Ramesh Dutt Sharma (P.W.-8) who found injuries on her head and looking to her serious condition, she was admitted in the hospital and on that basis, MLC report (Ex. P/12) and Bed-head ticket (Ex. P/13) were prepared.