WAJAN SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the CrPC preferred by the appellant-accused herein is directed against the impugned judgment of conviction and order of sentence dtd. 1/9/2015 passed by the learned Sessions Judge, Surajpur, District Surajpur, Chhattisgarh in Sessions Trial No. 102/2014 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 six months.

(2.) Case of the prosecution, in nutshell, is that on 17/7/2014 at about 6:30 pm at village Annpurna (Shankarpara), Police Station Premnagar, District Surajpur (C.G.), appellant assaulted his father's brother [uncle (Bade Pita)] Vikul Singh on his neck by axe by which he suffered grievous injuries and died and thereby, committed the said offence.

(3.) It is further case of the prosecution that Vikul Singh (now deceased) used to curse the appellant to die under the influence of liquor, due to which appellant had grudge against Vikul Singh. On the date of offence, the appellant had seen Vikul Singh going towards the field so he followed him armed with axe and assaulted him by which he suffered grievous injuries and died. The incident was informed to Aditya Kumar Ahir (PW-2) by the appellant and thereafter he (PW-2) informed the incident to Babu Singh (PW-1). Babu Singh (PW-1) reported the matter to the police. Merg intimation and FIR were registered vide Exs. P/1 and P/2, respectively. Inquest proceedings (Ex.P/7) were conducted and the dead body of the deceased was sent for postmortem. As per postmortem report (Ex.P/11) proved by Dr. G.L. Miri (PW-4), cause of death is fracture of thyroid cartilage (trachea) mode of death to be asphyxia due to chocking of windpipe by blood and nature of death is homicidal. Pursuant to memorandum statement of appellant (Ex.P/8), axe has been seized vide Ex.P/9. Seized Articles were sent for chemical analysis to FSL, but FSL report has not been brought on record for the reasons best known to the prosecution.