MOHD. SHAFIQUE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant herein questions the legality, validity and correctness of the impugned judgment dtd. 26/2/2011 passed by the Fifth Additional Sessions Judge, Bilaspur in Sessions Trial No.102/2010, by which he has been convicted for offence under Ss. 302 and 294 of the IPC and sentenced to undergo imprisonment for life and further sentenced to pay fine of Rs.200.00 under Sec. 302 of the IPC and SI for three months and further sentenced to pay fine of Rs.100.00.

(2.) The case of the prosecution, in brief, is that on 16/4/2010 at about 8 a.m. at village Pandra Pathra, Police Station Kota, District Bilaspur the appellant herein abused filthy to Sheru @ Sher Mohd., his wife and children and also threatened to kill them and thereafter assaulted Sheru Mohd. by axe in his head and back by which he succumbed to death, of which the deceased himself lodged a report before his death to the Police Station Kota vide Ex.P-10 that on 15/4/2010 the appellant has abused him filthy and also threatened him to administer poison to his son and on 16/4/2010 alleging that by the act of Sheru Mohd., the appellant's wife has left him and also abused and assaulted him by axe. Pursuant to that report, FIR was registered against the appellant vide Ex.P-6. Complainant Sheru Mohd. was sent for medical examination to Community Health Center, Kota, where Dr.Sandeep Dwivedi (PW-2) declared him dead. Thereafter merg intimation was registered under Sec. 302 of the IPC vide Ex.P-8. Inquest was conducted over dead body of deceased Sheru Mohd. vide Ex.P-2. Postmortem was conducted by Dr.Sandeep Dwivedi (PW-2) vide Ex.P-3 and opined that cause of death was due to injury on the vital organ of brain tissue subdural and subarachnoid hemorrhage and shock due to internal bleeding and death was homicidal in nature. Clothes of the deceased was seized vide Ex.P-9. Axe was seized vide Ex.P-12. The appellant was charge-sheeted in the Court of Judicial Magistrate First Class, Kota for offence under Ss. 294, 323, 506 and 302 of the IPC, who in turn, committed the case to the Court of Sessions, Bilaspur, from where the Fifth Additional Sessions Judge, Bilaspur received the case on transfer for trial in accordance with law. The appellant / accused abjured the guilt and entered into defence.

(3.) In order to bring home the offence, the prosecution examined as many as 10 witnesses and exhibited 17 documents Exs.P-1 to P-17. Statement of the accused/appellant was recorded under Sec. 313 of the CrPC, in which he denied guilt. However, the accused has examined none in his defence, but exhibited one document i.e. statement of Mohd.Anwar as Ex.D-1.