MADAN LAL SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant under Sec. 374(2) of Cr.P.C. is directed against the impugned judgment dtd. 13/3/2015, passed by the learned Additional Sessions Judge (F.T.C.), Raipur, District Raipur, in Sessions Trial No.141/2014, by which the appellant herein has been convicted for the offence under Sec. 4 of the Chhattisgarh Tonhi Pratadna Adhiniyam and under Sec. 302 of Indian Penal Code and sentenced as under : <FRM>JUDGEMENT_46_LAWS(CHH)7_2023_1.html</FRM>

(2.) Case of the prosecution, in brief, is that on 5/3/2014 at about 8:30 a.m., at village Uparwara, Police Station- Rakhi, the present appellant along-with four acquitted co-accused assaulted Dulai Sahu (now deceased) by axe and other sharp edged instrument, by which she suffered grievous injuries and died; thereby, offences have been committed. Further case of the prosecution is that Mahettar Ram Sahu, acquitted co-accused and the deceased's husband Hari Ram Sahu both were brothers and the wife of appellant herein fell ill, for which appellant suspected that witchcraft has been played by Dulai Sahu and on that count, dispute arose between the deceased and appellant and on the fateful day, the appellant is said to have assaulted the deceased by sharp edged weapon, by which she suffered grievous injuries and died. Thereafter, FIR was lodged vide Ex.P-21, inquest was conducted vide Ex.P-3 and dead body was sent for post-mortem, which was conducted by Dr. S.K.Bagh (PW-13), who proved the post-mortem report Ex.P-39, in which cause of death was due to hemorrhage and shock as a result of neck injury and death was homicidal in nature. Pursuant to memorandum statement of the appellant Ex.P-5, axe was seized vide Ex.P-8, which was sent for examination to FSL along-with other seized articles and in the FSL report (Ex.P-38), human blood was found on the seized articles and even on the axe and cloths, human blood of B+ group was found. After due investigation, five accused persons were charge-sheeted for the aforesaid offence before the jurisdictional criminal court, which was ultimately committed to the Court of Sessions for hearing and disposal in accordance with law, in which only the appellant herein was convicted and other four accused persons were acquitted from the charges. The appellant herein abjured his guilt and entered into defence stating that he has not committed any offence and he has been falsely implicated.

(3.) In order to bring home the offence, prosecution examined as many as 14 witnesses and exhibited 40 documents and the appellant-accused in support of his defence has neither examined any witness nor exhibited any the document.