KAUSHALNATH NAGESIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal filed by the appellant-accused under Sec. 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dtd. 13/1/2016, passed by the learned Sessions Judge, Jashpur in Sessions Trial No.50/2014, whereby the appellant-accused has been convicted for offence under Sec. 302 of the IPC and sentenced him to undergo imprisonment for life and fine of Rs.5000.00, in default of payment of fine, to further undergo R.I. for 5 months.

(2.) Case of the prosecution, in brief, is that on 3/5/2014 at about 8.30 p.m. at village Gamharkona, P.S. Sanna, District Jashpur, the appellant assaulted Nanka Nageshiya by axe by which he suffered injuries and died instantaneously. The appellant also caused grievous hurt to Sugi Bai and Bhukhli Bai and thereby committed the aforesaid offences. It is further case of the prosecution that on 3/5/2014 the appellant has invited deceased Nanka Nagesiya as a cook on the eve of marriage of his son Parasnath and in the same night, the appellant seen deceased Nanka Nagesiya with his second wife Sugi Bai in room, then the appellant suspected illicit relationship with her and caused injury on his head and chest by which he suffered injuries and died. On the report of Deosai (PW-5), FIR was registered vide Ex.P-6. Information was sent to the Judicial Magistrate First Class, Bagicha vide Ex.P-13. Spot map was prepared by investigating officer. After inquest, dead body of deceased Nanka Nagesiya was sent for postmortem to Community Health Center, Bagicha, where Dr.Mithlesh Minz (PW-17) conducted postmortem vide Ex.P-17A and opined that cause of death was due to internal head injury and death was homicidal in nature. Pursuant to memorandum statement of the appellant vide Ex.P-9, axe was seized vide Ex.P-10, which was sent for FSL examination and in FSL report (Ex.P-26), blood was found on axe and sando (baniyan) recovered from the appellant (Article 'C' and 'D'). Similarly, on baniyan seized from the deceased, blood was also found. Thereafter, statement of witnesses were recorded and after due investigation, the police filed charge-sheet in the Court of Judicial Magistrate First Class, Bagicha, who in turn, committed the case to the Court of Sessions, Jashpur. The appellant/accused abjured his guilt and entered into defence.

(3.) In order to bring home the offence, the prosecution examined as many as 17 witnesses and exhibited 26 documents. The appellant-accused examined none in his defence and no document has been exhibited in his defence.