ASHOK KUMAR GAWDE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against judgment dated 15-10- 2015 passed by learned Sessions Judge North Bastar Kanker in Sessions Trial No.61/2014 convicting the appellant for offence under Sec. 302 of the IPC and sentencing him with life imprisonment along with fine of Rs.100.00 with default stipulation.

(2.) The case of the prosecution, in brief, is this, that the appellant and his father Singrai Gawde, the deceased were living together in the same house along with wife of the appellant Sameela (PW- 3). On 7/4/2014 at about 9.00 p.m. in the evening, Sameela (PW-3) came to the house of the Sahdev Ram (PW-1) and informed that her husband appellant Ashok Kumar Gawde and her father-in-law Singrai, the deceased both are beating each other. Sahdev Ram (PW-1) went to the spot and saw that the appellant was lying unconscious on the floor of the Aangan and his father Singrai, the deceased was lying in dead condition and bleeding. Sahdev Ram (PW-1) immediately summoned Aganuram (PW-4) and other witnesses who visited the spot of incident, then the appellant was sent to hospital through ambulance. On the basis of the information given by Sahdev Ram (PW-1), FIR (Ex.-P/1) and morgue intimation (Ex.-P/1A) was lodged in the police station. The police conducted the inquest procedure. The dead body of the deceased was subjected to postmortem. Doctor Shital Dugga (PW-6) has reported vide postmortem report (Ex.-P/9) that the death of the deceased Sigrai Gawde was caused due to bleeding and shock from the injuries suffered by him and his death was of homicidal nature.

(3.) Other investigative procedures were taken up. Seizure of blood stained soil and plain soil was made vide Ex.-P/7. Spot map of the place of incident was prepared. Seizure of blood stained clothes of the appellant was made by Ex.-P/15. A crow bar was seized from the spot of incident vide Ex.-P/4. Seizure of the blood stained clothes of the deceased was made by Ex.-P/13 which were preserved by the doctor conducting post-mortem examination. These seized articles were sent for FSL examination and the FSL report (Ex.-P/21) was obtained. A query was made regarding the seized crow bar regarding which report (Ex.-P/11) was obtained from the examining doctor. The appellant was arrested and on completion of the investigation charge sheet was filed. The trial Court framed charge under Sec. 302 of the IPC. The appellant/accused denied the charge and pleaded not guilty. The prosecution examined 8 witnesses. On completion of the prosecution evidence, the appellant/accused was examined under Sec. 313 of the Cr.P.C., in which he denied all the incriminating evidence present against him in the case and again made statement that he is innocent and that he has been falsely implicated. The appellant opted for examining witness in defence, but later on he did not examine any witness.