VIJAY KUMAR DHRUV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 28-12-2005 passed by the Sessions Judge, Raipur, in S.T. No. 314/2005, whereby & where under after holding the appellant guilty for causing homicidal death amounting to murder of his brothers Nandlal convicted him under Section 302 of the IPC and sentenced to undergo imprisonment for life and fine of Rs. 2000/-. in default of payment of fine to further undergo R.I. for one year.

(2.) 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.

(3.) As per case of the prosecution, on the fateful day of 30-3-2005 at about 8 p.m. appellant assaulted his brother Nandlal by wooden plank over his head, Nandlal fell down and became unconscious, he was shifted to Dr. Ambedkar Hospital, Raipur for treatment, he was treated and lastly he died on 4-4-2005. Merg was recorded vide Ex.P/10. Investigating officer left for scene of occurrence and after summoning the witnesses vide Ex. P/8, inquest over dead body of the deceased was prepared vide Ex.P/9. Finally F.I.R. was registered vide Ex.P/11. Dead body of the deceased was sent for autopsy to Medical College, Raipur. Dr. V. K. Duruv (PW-1) conducted autopsy vide Ex.P/1 and noticed several minor injuries including stitched wound with depressed fracture of skull bone & contusion along with lacerated wound and multiple fractures of skull bone. Spot map was prepared vide Ex.P/4. Appellant was taken into custody, he made disclosure statement of stick vide Ex.P/5 and same has been recovered at the instance of appellant vide Ex.P/6.