SHIVLAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant herein under Sec. 374(2) of CrPC is directed against the impugned judgment of conviction and order of sentence dtd. 21/10/2014 passed by learned Sessions Judge, Surajpur in Sessions Trial No. 57/2013, whereby the appellant/accused has been convicted for offence punishable under Sec. 302 of the IPC and sentenced him to undergo imprisonment for life and fine of Rs.2000.00, in default of payment of fine to further undergo R.I. for one year.

(2.) The case of the prosecution, in brief, is that on 27/3/2013 at 4 p.m. the appellant caused death of Ramdeo by making axe injury by which he suffered injuries and died instantaneously. It is further case of the prosecution that on 27/3/2013 Heeralal (not examined), the appellant herein, Beersai (PW-1), Jyot Singh (PW-2), Amir Sai and Sumeshwar (PW-4) all knowing each other were celebrating Holi festival and the appellant and Heeralal both were bothers (cousin) and were involved in agricultural operations and also running tractor. It is further case of the prosecution that Heeralal (cousin brother of the appellant) was operating tractor on behalf of all and also giving tractor on hire, but Heeralal did not maintain the account properly and on that account, on 27/3/2013 after consuming liquor the appellant and Heeralal (not a prosecution witness) both were quarrelling, which was intervened by Jyot Singh (PW-2) and deceased Ramdeo was also tried to intervene and during altercation, the appellant went inside the house and brought axe and assaulted Ramdeo by which he suffered injuries and died. Thereafter on the report of Beersai (PW-1), merg intimation was registered vide Ex.P-1 and on the basis of merg intimation, FIR (Ex.P-2) was registered for offence under Sec. 302 of the IPC against the appellant. Information was sent to the Judicial Magistrate First Class, Surajpur. Inquest was conducted vide Ex.P-9. Thereafter, dead body was sent for postmortem to Community Health Center, Premnagar, where Dr.S.B.Singh (PW-4) conducted postmortem vide Ex.P-10 and opined that cause of death was haemorrhagic shock and death was homicidal in nature. Thereafter memorandum statement of the appellant was recorded vide Ex.P-4 and pursuant to his memorandum statement, bloodstained axe was recovered vide Ex.P-5, which was dent for FSL vide Exs.P-21 and P-22, but no FSL report has been brought on record by the prosecution. Other part of investigation was completed. After completion of investigation, charge-sheet was filed before the Chief Judicial Magistrate, Surajpur, who in turn, committed the case to the Court of Session, Surajpur for hearing and disposal in accordance with law. The appellant/accused abjured his guilt and entered into defence.

(3.) In order to bring home the offence, prosecution examined 6 witnesses and brought into record 22 documents. Statement of the appellant/accused was recorded under Sec. 313 of CrPC wherein he denied guilt, however, he examined none in his defence.