(1.) This criminal appeal under Sec. 374(2) of CrPC has been preferred by the appellant herein against the impugned judgment dtd. 02/08/2013 passed by learned Sessions Judge, Sarguja, Ambikapur in Sessions Trial No. 115/2012 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.1000.00, in default of payment of fine, further S.I. for six months.
(2.) Case of the prosecution, in brief, is that on 17/12/2011, at about 4 PM, at Village Kesra (Marapaara) within the ambit of Police Station Kamleshwarpur, the appellant herein assaulted his father Malsai Manjhi with wooden log on the ground of not partitioning the agricultural land/ancestral property due to which his father suffered grievous injuries and died and the appellant, thereby, committed the aforesaid offence.
(3.) Further case of the prosecution is that on the date of the incident at about 4 PM, appellant came to his father's house and started abusing him and asked him to partition the agricultural land/ancestral property to which his father deceased Malsai Manjhi declined and told him that after his death, all of his property would belong to the appellant, however, the appellant was not satisfied and he consumed liqour with his father and thereafter, under the influence of liqour, he assaulted his father with a wooden log and caused his death. The matter was reported to the Police on the same day at about 07:40 PM by Dhansai (P.W.-2) on the basis of which, first information report was registered vide Ex. P/2 and merg intimation was registered vide Ex. P/12. In the presence of the witnesses, inquest was conducted vide Ex. P/4 and the dead body of deceased Malsai Manjhi was subjected to postmortem which was conducted by Dr. R.S. Singh (P.W.-4) and as per the postmortem report (Ex. P/9A), cause of death is said to be asphyxia and the nature of death is said to be homicidal. Pursuant to the memorandum statement of the appellant vide Ex. P/6, recovery of blood-stained wooden log was made at his instance vide Ex. P/7. The said wooden log was sent for forensic examination along with other seized articles, however, no blood was found on it as per the FSL report (Ex. P/16). 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.