HEERA SINGH Vs. STATE OF C G

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 26.3.2007 passed by the Second Additional Sessions Judge, Baloda Bazar, Dist. Raipur, in Sessions Trial No.312/2006. By the impugned judgment, accused/appellant Heera Singh has been convicted under Section 302 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 10,000/ -, in default of payment of fine, to further undergo rigorous imprisonment for one year.

(2.) CASE of the prosecution, in brief, is as under: Deceased Kachara Bai was mother of the appellant Heera Singh and both were residing in a same house. On 28.5.2006 at about 3.00 pm, Dashru Ram (PW -12), Upsarpach of Village Khaira lodged Merg Intimation (Ex -P/18) in Police Station, Kasdol that on the same day at about 11.00 am, the appellant assaulted his mother Kachara Bai (deceased) with a lathi (bamboo stick) and murdered her. On receiving the information of death of Kachara Bai, Dashru Ram (PW -12) went to the house of the deceased and found the dead body of the deceased, there. He saw that blood was oozing out of her throat. On being asked by Dashru Ram (PW -12), mother -in -law and wife of the appellant told him that the appellant assaulted the deceased with the lathi. First Information Report (Ex -P/19) was recorded in Police Station Kasdol. On the basis of the information, Investigating Officer reached the place of occurrence, gave notice (Ex -P/5) to Panchas and prepared inquest (Ex -P/6) on the dead body of the deceased. The dead body of the deceased was sent to Primary Health Centre, Kasdol for postmortem examination vide Ex -P/21. The postmortem examination was conducted by Dr. RS Joshi (PW - 10) who gave his report (Ex -P/14) finding:

(3.) ON the other hand, Shri SK Mishra, learned Panel Lawyer for the State/respondent, opposed the above arguments and supported the impugned judgment passed by the learned Additional Sessions Judge.