RATIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By way of this criminal appeal under Sec. 374(2) of CrPC, the appellant herein has called in question legality, validity and correctness of impugned judgment dtd. 03/07/2014 passed in Sessions Trial No. 91/2013 by which learned 1st Additional Sessions Judge, Raigarh has though acquitted the appellant for offence punishable under Sec. 302 of IPC but has convicted him for offence punishable under Sec. 304 Part I of IPC and sentenced to imprisonment for life and fine of Rs.5,000.00' and in default of payment of fine additional R.I. for one year.

(2.) Case of the prosecution, in brief, is that on 16/02/2013 at about 02:00 PM in village Dagbhauna, appellant, with the intention of causing death of his younger brother Demuram, assaulted him with an axe on his neck due to which Demuram suffered grievous injury and died on the spot and thereby, committed the aforesaid offence.

(3.) Further case of the prosecution, in brief, is that on the fateful day of 16/02/2013, the appellant along with his wife Sukwari (P.W.'1) had gone to the house of deceased Demuram to celebrate chhathi (ceremony held on the sixth day after giving birth to a boy) and at about 02:00 PM, with regard to some petty argument over the afternoon meal, sudden quarrel erupted between the appellant and the deceased and the appellant went inside the house and came armed with a tangi (axe) and caused a single blow on the neck of the deceased with the sharp edge due to which deceased Demuram suffered grievous injury and died on the spot. The incident was reported to the police station by wife of the deceased Sukwari (P.W.'1) on the basis of which merg intimation was registered vide Ex. P/1 and thereafter, FIR was lodged against the appellant for offence punishable under Sec. 302 of IPC vide Ex. P/2. Inquest was conducted vide Ex. P/10 and the dead body of deceased Demuram was subjected to postmortem, which was conducted by Dr. B.L. Bhagat (P.W.'3). As per the postmortem report (Ex. P/5) the cause of death is syncope as a result of severe bleeding and the nature of death is homicidal. Pursuant to the memorandum of the appellant/accused vide Ex. P/7, recovery of blood stained axe was made from his house vide Ex. P/8. After recording the statements of the witnesses and after due investigation, the appellant/accused was charge'sheeted for offence punishable under Sec. 302 of IPC which was committed to the Court of Session for hearing and disposal in accordance with law. The appellant/accused abjured his guilt and entered into defence.