MUDAMI HOONGA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the CrPC is directed against the judgment of conviction recorded for offence under Sec. 302 of the IPC and sentence awarded i.e. imprisonment for life and fine of Rs.2,000.00, in default of payment of fine to further undergo additional rigorous imprisonment for one month by the Sessions Judge, Dakshin Bastar Dantewada by the impugned judgment dtd. 6/3/2013 in Sessions Trial No.185/2011.

(2.) The case of the prosecution, in brief, is that on 10/1/2011 at about 5 p.m. the appellant murdered deceased Oyami Hoonga by kadari (sharp edged weapon). It is further case of the prosecution that on the fateful day of 10/1/2011 at about 5 p.m. the deceased was taking rest along with his minor daughter Ku.Oyami Sukdo (PW6), at that time the appellant came on the spot and on the pretext of disturbing him and stopping him from cutting salfi and on the pretext of witchcraft, the accused caused him one stab injury in his neck by which he suffered grievous injury and died instantaneously on the spot and thereby committed the offence and immediately the appellant absconded from the spot. Thereafter Smt.Nande Oyami (PW8), wife of deceased Oyami Hoonga and mother of Ku.Oyami Sukdo (PW6), came to the spot after grazing cattles and since they were advised to lodge the FIR, FIR (Ex.P12) was lodged by Ku.Oyami Sukdo (PW6) along with UpSarpanch and other villagers for offence under Sec. 302 of the IPC. Dead body of the deceased was sent for postmortem to Primary Health Center, Kirandul, where Dr.K. Goutam (PW9) conducted postmortem vide Ex.P9. After completion of investigation, chargesheet was filed before the Court of Judicial Magistrate First Class, Bacheli, who was committed the case to the Court of Session, Dakshin Bastar Dantewada for trial in accordance with law. The accused abjured the guilt and entered into defence.

(3.) In order to prove the prosecution case, the prosecution examined as many as 10 witnesses and exhibited 18 documents Exs.P1 to P18. Statement of the accused/appellant was recorded under Sec. 313 of the CrPC in which he denied guilt. However, he examined none in his defence.