RAIDHAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 22/12/2015 passed by the Additional Sessions Judge, Gariyaband in Sessions Trial No.4 of 2015, whereby the Appellant has been convicted and sentenced as under:

(2.) Name of the deceased, in this case, is Sumitrabai Netam. According to the case of prosecution, on 03/08/2014 at about 8:30 a.m., the Appellant went to the house of Sumitrabai Netam and dragged her out of the house saying that she used to commit witchcraft. After dragging her to near his house, he picked up a big stone weighing about 12 kgs. and assaulted on her head with that stone many times. As a result thereof, she died on the spot. The incident was witnessed by Ku. Maya Netam (PW6) and Parmeshwari Netam (PW7). Both are grand daughters of the deceased as also by Phoolbai (PW15), daughter-in-law of the deceased. The matter was reported by Maheshram Netam (PW2), son of the deceased. On the basis of the report, morgue intimation (Ex.P6) and First Information Report (Ex.P11) were recorded. Inquest proceeding (Ex.P8) was conducted. Post mortem examination over the dead body of Sumitrabai was conducted by Dr. S.P. Prajapati (PW1). Post mortem report is Ex.P1. During the course of investigation, spot-map (Ex.P12) was prepared. Disclosure statement (Ex.P14) of the Appellant under Sec. 27 of the Evidence Act was recorded. On the basis thereof, the weapon of offence, i.e., 1 stone weighing about 12 kgs. was seized from the Appellant vide Ex.P15. Statements of witnesses were recorded under Sec. 161 of the Code of Criminal Procedure. On completion of the investigation, a charge-sheet was filed against the Appellant. Charges were framed against him by the Trial Court.

(3.) In support of its case, the prosecution examined as many as 18 witnesses. In examination under Sec. 313 of the Code of Criminal Procedure, the Appellant denied the guilt and pleaded innocence. No witness was examined in his defence.