JETH SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of CrPC has been preferred by the appellant herein against the impugned judgment dtd. 28/08/2014 passed by learned Sessions Judge, Korba in Sessions Trial No. 66/2013 whereby he has been convicted for offence punishable under Sec. 302 of IPC and he has been sentenced to undergo life imprisonment with fine of Rs.25,000.00, in default of payment of fine, further R.I. for 1 year.

(2.) Case of the prosecution, in brief, is that on 11/05/2013, at about 12 PM, the appellant assaulted his near relative Kalashram with axe by which he suffered grievous injuries and died and the appellant, thereby, committed the aforesaid offence.

(3.) Further case of the prosecution is that on 11/05/2013 at about 10 AM, appellant sold firewood to Kalashram for Rs.100.00, but immediately after two hours, the appellant went to the house of Kalashram and his wife Dilkunwar (P.W.-4) to give back the firewood he had already sold. Kalashram resisted and refused to give firewood back and on that account, a brief altercation took place between the appellant and Kalashram and the appellant assaulted Kalashram with axe due to which he suffered grievous injuries on his neck and back and died on the spot. When the other family members gathered therein, the appellant threw the axe on the spot and absconded. The said incident was informed to the Police by the village Kotwar pursuant to which dehati nalishi was registered vide Ex. P/9. On the report of Dilkunwar (P.W.-4) about her husband's death, merg intimation was registered vide Ex. P/8 and first information report was lodged against the appellant for offence punishable under Sec. 302 of IPC vide Ex. P/16. Inquest was conducted vide Ex. P/2 and the dead body of Kalashram was subjected to postmortem which was conducted by Dr. Virendra Kumar Singh (P.W.-8) and as per the postmortem report (Ex. P/13), cause of death is said to be shock due to massive hemmorhage and nature of death is said to be homicidal. From the spot, plain soil, blood-stained soil as well as blood-stained axe were seized vide Ex. P/3 and P/4 and the said axe was sent to Dr. Virendra Kumar Singh (P.W.-8) for query and as per the query report (Ex. P/17), the Doctor has opined that the injuries suffered by the deceased could have been caused by the said axe. After due investigation, the appellant was charge-sheeted for offence punishable under Sec. 302 of IPC which was committed to the Court of Sessions for trial in accordance with law. The appellant abjured his guilt and entered into defence.