SUKHIRAM NISHAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard. This appeal is preferred against the judgment dtd. 19/11/2019 passed by the learned Sessions Judge, Korba, District - Korba (C.G.) in Sessions Trial No. 59/2019, wherein the appellant has been convicted under Sec. 302 of IPC and sentenced as under:-

(2.) Brief facts of this case are that on 5/5/2019 deceased Jahaniram went to collect leaves in the forest wherein in between 9:00 to 9:05 am., the accused assaulted the deceased by way of an axe, on his neck. The report having been made, the investigation started and it revealed two witnesses namely Rajsingh and Harun Manjhwar who accompanied the deceased had seen the incident. Thereafter, the accused/appellant was apprehended and on his memorandum the weapon used in the offence i.e. axe was recovered. Since the death was homicidal in nature after thorough investigation the charge-sheet was filed before the judicial Magistrate who in turn committed the same to the sessions Court.

(3.) During the course of trial, the appellant abjured his guilt and claim to be tried. The prosecution on their behalf examined as many as 11 witnesses. After evaluating the evidence and statements the appellant was convicted for the offence as mentioned aforesaid. Being aggrieved by such order the accused/appellant filed this appeal.