BHARAT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment of conviction and order of sentence dated 17 -7 -2004 passed by Sessions Judge, Rajnandgaon, in Sessions Trial No. 22 of 2004, whereby and whereunder learned Sessions Judge after holding appellant guilty for causing homicidal death amounting to murder of his father Videshi Ram and concealing the evidence of criminal case, convicted the appellant under Sections 302 and 201 of the I.P.C. and sentenced him to undergo imprisonment for life and fine of Rs. 1,000/ -, in default of payment of fine to further undergo R.I. for one year and R.I. for 1 year and to pay fine of Rs. 500/ -, in default of payment of fine further to undergo R.I. for six months. Conviction is impugned on the ground that without there being any iota of evidence, the trial Court has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

(2.) AS per case of prosecution, appellant and deceased Videshi Ram, son and father, were residing in the same house. Since 16 -4 -2003 the house of appellant and deceased was closed. On 19 -4 -2003 missing report vide Ex. P/21 was lodged by PW/2 Durdesi. On 20 -4 -2003 i.e., second day, dead body of deceased Videshi Ram was found inside the well of Johar and same was intimated by PW/1 Dhaniram to Police vide Ex. P/1. Investigating Officer left for scene of occurrence and after summoning the witnesses vide Ex. P/2 after taking out the dead body of deceased from well, prepared inquest over the dead body vide Ex. P/4, spot map was prepared vide Ex. P/4, dead body was sent for autopsy to District Hospital, Rajnandgaon, vide Ex. P/8 where PW/4 Dr. V.P. Agrawal, conducted autopsy vide Ex. P/8 and found following injuries: -

(3.) STATEMENTS of the witnesses were recorded under Section 161 of the Code of Criminal Procedure (for short the 'Code'). After completion of investigation, charge sheet was filed before the Court of Chief Judicial Magistrate, Rajnandgaon, who in turn committed the case to the Court of Sessions, Rajnandgaon.