MANOJ KUMAR @ MEHAR Vs. STATE OF CHHATTISGHARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 28-1-2005 passed by 3rd Additional Sessions Judge (FTC), Janjgir in Sessions Trial No. 407 of 2004 whereby and whereunder learned Additional Sessions Judge after holding the appellant Manoj guilty for causing homicidal death amounting to murder of Makaru and appellant Jagdish for abetting such murder, convicted the appellant Manoj under Section 302 of the IPC and appellant Jagdish under Section 114 of the IPC and sentenced them to undergo imprisonment for life and to pay fine of Rs. 500/- each, in default of payment of fine to further undergo R.I. for three months. Conviction of the appellants is impugned on the ground that without any iota of evidence, the court below has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

(2.) As per case of prosecution, on 17-8-2004 at about 11.00 a.m., appellant Manoj assaulted Makaru by stick over different parts of his body, appellant Jagdish was holding spade and was abetting Manoj to assault Makaru as a result of injury caused by appellant Manoj, deceased Makaru died on the spot. The incident was witnessed by PW/2 Shakuntala, PW/5 Sukhdev and PW/11 Gulapi Bai.

(3.) PW/1. Sadhuram went to Police Station, Pamgarh and lodged first information report vide Ex. P/1, merg was recorded vide Ex. P/2, Investigating Officer left for scene of occurrence, after summoning the witnesses vide Ex. P/3, prepared inquest over the dead body of deceased vide Ex. P/6, bloodstained soil and plain soil vide Ex. P/7, dead body of deceased was sent for autopsy to Government Hospital, Pamgarh vide Ex. P/11 where Dr. PW/10 D.C. Choudhary conducted autopsy vide Ex. P/12 and found the following injuries.