SUMAN KASHYAP Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment of conviction and sentence dtd. 30/4/2015 against the appellant in Sessions Case No.03/2015 passed by the Third Additional Sessions Judge, Bastar, Place- Jagdalpur, C.G. convicting the appellant for commission of offence under Sec. 302 of I.P.C. and sentencing him with life imprisonment and fine of Rs.100.00, with default stipulations.

(2.) According to the prosecution case, on 27/11/2014 at about 07:30 P.M., the appellant assaulted the deceased- Sukra with an axe causing him various injuries for the reason stating that the deceased was not giving land to him. The deceased suffered various injuries and died on the spot. Budhram Kashyap (P.W.-7) saw the appellant fleeing from the spot. On the information given by Budhram Kashyap (P.W.-7), morgue intimation vide Ex.P/14 was recorded in the Police Station- Darbha. Subsequent to which, F.I.R. Ex.P/13 was also lodged against the present appellant registering the offence under Sec. 302 of I.P.C. The police conducted the investigation in which inquest procedure was taken up. The postmortem was conducted on the body of the deceased by Dr. Mahendra Prasad (P.W.-3), who opined in his postmortem report vide Ex.P/8 that the death of the deceased was homicidal resulting from the various injuries caused to him. The appellant was interrogated and his memorandum statement Ex.P/1 was recorded. At the instance of the appellant, an axe having blood stains on it, was seized from his possession vide Ex.P/2. The blood stained soil and plain soil were seized from the spot vide Ex.P/3 and a blood stained gamcha was also seized from the spot vide Ex.P/7. The seized articles and the cloth of the deceased preserved by the doctor conducting postmortem examination were sent for F.S.L. Examination, report has been submitted by vide Ex.P/22. The statement of witnesses were recorded under Sec. 161 of Cr.P.C. On completion of investigation, charge sheet was filed against the appellants.

(3.) The learned trial Court framed charges against the appellant under Sec. 302 of I.P.C. The appellant denied the charge and pleaded not guilty. The prosecution examined 08 witnesses. The appellant/accused was examined under Sec. 313 of Cr.P.C., in which he denied all the incriminating evidence against him, expressed his ignorance about the prosecution, again he made a statement of being not guilty and that he has been falsely implicated. No witness was examined in defence. The learned trial Court after giving opportunity of hearing to the prosecution and defense has passed the impugned judgment convicting and sentencing the appellant as mentioned here-in-above.