RAMSAGAR PAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant has filed this instant appeal under Sec. 374 (2) of Code of Criminal Procedure (for short 'CrPC'), 1973 challenging his conviction and award of sentence in a judgment passed by the Additional Sessions Judge, Mungeli, District " " Bilaspur (CG) in Sessions Trial No.29/2011 by which, the appellant has been convicted and sentenced as described below -

(2.) The appellant was charged under Sec. 302, 324 and 324 of IPC that on 11/04/2011, at about 20:00 hrs, he committed murder of Melanbai with a sharp edged knife and also caused voluntary grievous hurt to Santosh Gadaria and Ramgobind with the knife in village " " Sonpuri (Jagtakampa) Police Station " " Mungeli.

(3.) Prosecution case in brief is that the complainant " " Umendi Ram (PW6), on 11/04/2011 at about 8 PM was going to the betel shop of Ramnath Kewat. As soon as he reached in front of the house of Melanbai (the deceased), he heard shout of Melanbai's daughter that her brother-in-law is assaulting her mother-Melanbai. After hearing the shout, he along with other residents of the village - Ramgobind (PW8), Gangaram and Sukhram went inside the house of Melanbai. Sukhram was holding a torch and when he flashed the light of torch, he saw that the appellant was holding knife and coming out of his house. At that time, they tried to intercept the appellant near the door of the courtyard, upon which, the appellant assaulted with knife due to which, he sustained injury on the finger of the left hand and Ramgobind sustained injury on the right palm and during the course of interception, the knife fell down. By that time, many villagers came there. In the process of interception and trying to release Melanbai (the deceased) from the accused, Santoshi also sustained injuries on her left wrist, neck and right palm and blood was oozing out from it. Further case of the prosecution is that Santoshi (PW7) told that the appellant has murdered her mother and when they entered inside, they found that the deceased " " Melanbai was lying and blood was spread nearby, there was wound on her chest which was caused by knife and she was dead.