NARMADA RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the CrPC preferred by the appellant-accused is directed against the impugned judgment of conviction and order of sentence dtd. 3/9/2015 passed by the learned Sessions Judge, Surajpur, District Surajpur, Chhattisgarh in Sessions Trial No. 60/2014 by which appellant has been convicted for offence under Sec. 302 of the IPC and sentenced to undergo imprisonment for life and pay fine of Rs.1000.00; in default of payment of fine additional rigorous imprisonment for three months.

(2.) Case of the prosecution in, nutshell, is that on 6/6/2014 at about 8:00 pm at village Pendarkhi, Police Station Jainagar, District Surajpur, (C.G.), appellant assaulted his uncle Jaglaal by wooden plank by which he suffered grievous injuries and died.

(3.) It is further case of the prosecution that there was dispute between the appellant and Jaglaal with regard to ancestral property. On the date of incident i.e. 6/6/2014 Jaglaal and Feku Ram (PW-7), brother of Jaglaal, had gone to the house of Rambriksha (PW-2) and after having food they were coming out from the house of Rambriksha (PW-2) then appellant herein caused single blow on the head of Jaglaal by wooden plank by which he suffered injuries. Jaglaal was escorted to the hospital where during treatment he died. The said incident was witnessed by Feku Ram (PW-7). Merg intimations (Ex. P/1 and P/5A) and FIR (Ex.P/10) were registered. Inquest proceedings (Ex.P/9) were conducted and the dead body of the deceased was sent for postmortem. As per postmortem report (Ex.P/7) proved by Dr. K.R. Tekam (PW-5), cause of death is coma due to head injury and nature of death is homicidal. Pursuant to memorandum statement of appellant (Ex.P/3), wooden plank has been seized vide Ex.P/4 and other articles have also been seized. Seized articles were sent for chemical analysis to FSL, but FSL report has not been brought on record for the reason best known to the prosecution.