RAHUL DAS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant has preferred this appeal under Sec. 374(2) of the CrPC questioning legality, validity and correctness of the impugned judgment of conviction recorded and sentence awarded by the Additional Sessions Judge, Korba in Sessions Trial No.13/2013, by which the learned Additional Sessions Judge has convicted the appellant for offence under Sec. 302 of the IPC and sentenced him to undergo imprisonment for life and pay a fine of ? 3,000/-, in default of payment of fine to further undergo additional imprisonment for one year.

(2.) Case of the prosecution, in brief, is that on 8/12/2012 at 02.00 p.m., the appellant herein assaulted his father-in-law deceased Amar Singh Yadav by hand & fist by which Amar Singh Yadav suffered injuries on his stomach and died in hospital during the course of treatment pursuant to which report was lodged by the wife of the deceased namely, Smt. Parvati Bai on 11/12/2012 at Police Station Kotwali, Korba and first information report Ex.P-1 was registered. Thereafter, dead body was subjected to panchnama vide Ex.P-9 and on the recommendation of panchas, the dead body was subjected to postmortem which was conducted by Dr. R.K. Divya (PW-8). According to the postmortem report (Ex.P-8), cause of death was rupture of spleen and consequent collection of blood in peritoneum. Thereafter, nazri naksha was prepared vide Exs.P-2 & P-3.

(3.) Statements of the witnesses were recorded under Sec. 161 of the CrPC and after completion of usual investigation, the appellant was charge-sheeted before the jurisdictional criminal court for offence under Sec. 302 of the IPC and the case was committed to the Court of Sessions from where the Additional Sessions Judge, Korba, received the case on transfer for hearing and disposal in accordance with law. The appellant abjured the guilt and entered into defence.