SANJAY KUMAR PRAJAPATI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the CrPC is directed against the impugned judgment of conviction recorded and sentence awarded by the learned Sessions Judge by which the appellant has been convicted for offence under Sec. 302 of the IPC and sentenced to undergo imprisonment for life and pay fine of ? 2,000/-, in default, to further undergo additional rigorous imprisonment for six months.

(2.) Case of the prosecution, in brief, is that in the intervening night of 24/2/2011 and 25/2/2011, the appellant assaulted his father Dilram Prajapati, aged about 80 years, by axe, by which he suffered injuries and died, and thereby committed the offence. It is the further case of the prosecution that the appellant and his father were residing together, as the appellant's mother and wife of Dilram Prajapati (deceased) had already died and on the fateful night, the appellant assaulted his father and thereafter absconded from the spot. Morgue was registered vide Ex.P-1 and thereafter, FIR Exs.P-15 and P-16 were lodged. On the recommendation of panchas, postmortem on the dead body of the deceased was conducted in Community Health Centre, Batauli vide Ex.P-9A by Dr. Vijay Singh Pradhan (PW-3) and cause of death was stated to be coma due to head injury (brain injury) and death was homicidal in nature. Pursuant to the memorandum statement of the appellant Ex.P-11, bloodstained axe was seized vide Ex.P-12 and the same was sent for forensic examination to the FSL, Raipur from where report Ex.P-20 was received and blood was found on the weapon of offence axe, but blood group and origin could not be established. Blood was also found on the vest of the deceased.

(3.) Statements of the witnesses were recorded under Sec. 161 of the CrPC. After due investigation, the accused / appellant was charge-sheeted for offence under Sec. 302 of the IPC and charge-sheet was filed before the jurisdictional criminal court and the case was committed to the Court of Sessions for conducting the trial and hearing and disposal in accordance with law.