GORELAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of CrPC is directed against the impugned judgment dtd. 18/03/2015 passed in Sessions Trial No. 63/14 whereby learned Sessions Judge, Sarguja Ambikapur has convicted the appellant/accused for offence punishable under Sec. 302 of IPC and sentenced to life imprisonment and fine of Rs.5,000.00' in default of payment of fine additional R.I. for 6 months.

(2.) Case of the prosecution, in brief, is that on 10/03/2014, the appellant assaulted his mother Naanbai with his hands, fists and legs by which she suffered injuries all over her body and succumbed to death and the appellant thereby, committed the aforesaid offence.

(3.) Further case of the prosecution, in brief, is that at the night of 10/03/2014, deceased Naanbai was at home along with her mother'in'law Kuntibai (P.W.'9) and the son of appellant and her grandson Alok Singh (P.w.'10) and her husband and father of the appellant Bhupendra Singh (P.W.'4) had gone towards the fields when in between 9 ' 10 PM, appellant came home under influence of liqour and thereafter, abused her mother (deceased) and committed maarpeet with his hands, fists and legs. When Kuntibai (P.W.'9) tried to stop him, the appellant pushed her and continued maarpeet after dragging her mother on the floor. Kuntibai informed about the appellant's actions to some of the villagers but when they reached their home, after committing maarpeet, the appellant had gone to sleep and Naanbai was lying unconscious. On being informed, appellant's father Bhupendra Pratap (P.W.'4) reached home and they took Naanbai to the Hospital wherein at about 04:00 AM, she succumbed to death. On the next morning, Bhupenra Pratap (P.W.'4) lodged merg report at the Police Station vide Ex. P/4 and lodged FIR against the appellant for offence punishable under Sec. 302 of IPC vide Ex. P/5. Thereafter, investigation started, summons were issued to the witnesses under Sec. 175 of CrPC vide Ex. P/6A and inquest was conducted vide Ex. P/6. The dead body of Naanbai was sent for postmortem at Primary Health Center, Darima wherein it was conducted by Dr. Janeshwar Singh (P.W.'3) and as per the postmortem report (Ex. P/3), cause of death is haemorrhagic shock due to rupture of liver and lungs leading to cardiorespiratory arrest and the nature of death is homicidal. After preparing nazri naksha vide Ex. P/8, plain soil as well as blood stained soil was seized from the spot vide Ex. P/11, the blood stained blouse of deceased Naanbai was seized vide Ex. P/2 and the said seized articles were sent for chemical examination to F.S.L, Ambikapur and as per FSL report (Ex. P/16), blood was found on blood stained soil (Article A) and blouse of the deceased (Article C). After recording the statements of the witnesses and after due investigation, the appellant/accused was charge'sheeted for offence punishable under Sec. 302 of IPC which was committed to the Court of Session for hearing and disposal in accordance with law. The appellant/accused abjured his guilt and entered into defence.