ANANDRAM MAJHWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Assailing the legality, correctness, judicial propriety of the impugned judgment of conviction and award of sentence dtd. 9/1/2017 passed in Sessions Trial No. 51/2016 by the learned Sessions Judge, Ambikapur, District - Surguja (C.G.), whereby the appellant has been convicted and sentenced in the following manner:- <FRM>JUDGEMENT_71_LAWS(CHH)11_2022_1.html</FRM> Facts of the case

(2.) The prosecution story in brief is that on the date of incident 21/02/2016 in the afternoon Somari Bai (PW-1) was at her home. She heard some noise and went near to the house of her brother Vidur Ram (deceased) and saw her both brothers Anandram (appellant) and Vidur Ram (deceased) were fghting and assaulting each other. She tried to intervene. Anandram (appellant) assaulted Vidur Ram (deceased) by a stone on his head because of which his head and face were coated with blood. When she tried to stop appellant, he assaulted her and she ran away. On seeing the appellant and deceased were fghting, Deenaram (PW-2) informed Bandhanram Mazwar (PW-5) about the incident. He immediately came to spot, by the time appellant ran away committing murder of deceased. Complainant Bandhanram (PW-5) lodged the report on 21/02/2016 at 4:15 pm at Police Station Darima where merg report (Ex-P/17) named First Information Report (Ex-P/18) was registered. Investigation was set on motion and Investigation Ofcer Smt. Padmshri Singh Tanwar (PW-11) went to the spot and prepared spot map (Ex-P/19), dead body panchnama (Ex-P/16) was prepared, blood stained soil and plain soil were seized vide (Ex- P/9). Dead body was sent for autopsy to Primary Health Center, Darima, where Dr. Janeshwar Singh (PW-7) performed the autopsy and gave the Post Mortem Report (Ex-P/12). Vest of deceased was seized vide (Ex-P/10). Appellant was arrested and on his memorandum statement (Ex-P/7) a stone was recovered vide seizure memo (Ex-P/8). Seized articles were sent to Forensic Science Laboratory. FSL report (Ex-P/23) was received and blood was found on the vest of the deceased and stone.

(3.) After completion of investigation, the charge-sheet was fled against the accused/appellant under Ss. 302 of IPC. Learned Court below, framed the charge against the appellant under sec. 302 of IPC. The accused/appellant however, denied the charge framed against him and claimed for trial.