LINGA OYAMI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant/accused herein under Sec. 374(2) of the CrPC is directed against the impugned judgment dtd. 2/5/2015 passed by the Sessions Judge, Dakshin Bastar Dantewada, in Sessions Trial No. 305/2011, by which the appellant herein has been convicted for offence under Sec. 302 of the IPC and sentenced to undergo imprisonment for life.

(2.) Case of the prosecution, in brief, is that on 25/8/2011 at 5 p.m. at village Murki, P.S. Dantewada the appellant caused death of his uncle (father's brother) Jagguram and thereby committed the offence punishable under Sec. 302 of the IPC. It is undisputed fact that the appellant is nephew of deceased Jagguram, Bomda (PW-1) is nephew of deceased Jagguram and Smt.Pande Bai (PW-3) is wife of deceased Jagguram, Ku.Fulmati (PW-4) and Ku.Geeta (PW-5) are daughters of deceased Jagguram and Kama Ram Poyam (PW-6) and Arjun (PW-7) are brothers of deceased Jagguram. It is further case of the prosecution that teak wood planted by the appellant herein was sold by the the deceased in open market and got the amount of sale proceeds deposited in his account and he was using the said money and on account of which, there was some dispute between the appellant herein, his family members and the deceased and on account of that, on 25/8/2011 at about 5 p.m. the appellant entered into kitchen garden of deceased Jagguram with axe and caused injuries on his body, neck and left hand by which he suffered injuries and became unconscious. The incident was noticed by Bomda (PW-1), Smt.Jogi Oyami (PW-2) and Ku.Geeta (PW-5), where he taken to District Hospital, Dantewada, he was examined by Dr.R.L.Gangesh (PW-8), but looking to his serious condition, he was referred to District Hospital, Jagdalpur, where he died on 27/8/2011. FIR was lodged by Kama Ram Poyam (PW-6) vide Ex.P-1 at Police Station-Kotwali, Dantewada. Merg intimation being Merg No.55/11 was registered vide Ex.P-11. Inquest was conducted. Dead body of the deceased was sent for postmortem to Government Hospital, Jagdalpur, where Dr.Pawan Tekate (PW-12) conducted postmortem vide Ex.P-17 and opined that death was homicidal in nature. On the basis of memorandum statement of the accused/appellant (Ex.P-2), blood stained axe was seized vide Ex.P-3, which was sent to FSL for chemical examination and in FSL report dtd. 15/9/2011, blood was found on axe (article 'A') recovered from the possession of the appellant herein (not exhibited document, but available on record). Statements of the prosecution witnesses were recorded under Sec. 161 of the CrPC. After completion of investigation, the charge-sheet was filed before the Court of Chief Judicial Magistrate, Dantewada, who in turn, committed the case to the Court of Sessions, Dakshin Bastar Dantewada for trial in accordance with law. The accused abjured the guilt and entered into defence.

(3.) In order to bring home the above-stated offence, the prosecution examined as many as 12 witnesses and exhibited 17 documents Exs.P-1 to P-17. However, the appellant examined none in his defence and no document has been produced.