RAM PRASAD @ KALLU Vs. STATE OF C.G.

JUDGEMENT

(1.) The appellant by way of this appeal has challenged the judgment dtd. 27/9/2002 passed by the Additional Sessions Judge, Korba (CG) in Sessions Trial No. 463/2000 whereby and whereunder, he has convicted and sentenced the appellant as under :- <IMG>JUDGEMENT_98_LAWS(CHH)1_2023_1.jpg</IMG>

(2.) In brief, the prosecution story is that on the fateful day i.e. 30/8/2000 at 5:30 pm with an intent to cause culpable homicide the appellant has thrown away Indu in the well which is situat7ed at village Mahaniya, Phoothamudapara causing her death. On the basis of FIR dtd. 30/8/2000, the police station Balco Nagar has registered Crime No. 214/2000. After completion of the investigation, a charge sheet was filed against him before the Judicial Magistrate First Class Korba who has committed the case to the Learned District Judge, Bilaspur thereafter the matter was transferred to Additional Sessions Judge, Korba who has framed charge under Sec. 302 of the IPC against the appellant. He abjured the charges and faced the trial.

(3.) To bring home the charges against appellant, the prosecution examined as many as 17 witnesses namely PW/1 Ramlochan, PW/2 Vijay Kumar, PW/3 Rukhmani Bai, PW/4 Chhanndan Bai, PW/5 Dayaram Jaltare, PW/6 Bhanumati, PW/7 Dr. B.P. Pandey, PW/8 Fulsai, PW/9 Sahdev, PW/10 Dhaneshwar, PW/11 Kaleshwari Bai, PW/12 Patwari B.L. Maitri, PW/13 Nehar Singh, PW/14 R. Ramsajivan, PW/15 Ashok Kumar Khandekar, PW/16 Samaru, PW/17 I.C. Sandilya, I.O. The appellant examined two defence witnesses namely DW/1 Dr. R.K. Divya and DW/2 Bindu Kumari.