JHANDU RAM KORWA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of Cr.P.C. is directed against the impugned judgment dtd. 29/1/2014 passed by the Sessions Judge, Jashpur, District: Jashpur, (C.G.) in Sessions Trial No. 46/2013 by which the appellants herein have been convicted for the offence under Sec. 302/34 of I.P.C. and sentenced for life imprisonment with fine of Rs.100.00 and in default of payment of fine amount, R.I. for one month.

(2.) Case of the prosecution in short is that in the intervening night of 14/15/2.2013, at 03:00 AM at night, the appellant No. 2 herein assaulted Thuri Bai with the help of Tangi, due to which she sustained grievous injuries and died. Further case of the prosecution is that on the date of offence, in the house of the deceased, the appellants and Bikul (PW-7) were sitting on the eve of the festival in the house of appellants and the deceased. The appellant No. 1 had gone to the house of Ghanshyam to collect tobacco and when he came back at that time, the deceased Thori Bai taunted him as to whether he wish to have Lalo Bai wife of Ghanshyam as his wife. On that pretext, the appellant No. 1 started quarreling with Thori Bai and he started beating her by fist. In the meanwhile, the appellant No. 2 brought one Tangi and assaulted the deceased with it. The appellant No. 1 also assaulted her with wooden stick due to which she suffered greivous injuries and died. Thereafter, the matter was reported by Baljeet Ram (PW-6) vide Exhibit-P/9 and 10. Thereafter, Merg intimation was registered vide Exhibit-P/8. Panchnama was prepared vide Exhibit-P/2 and on the recommendation of the Panchas dead body of the deceased was sent for autopsy. Post Mortem was conducted by Dr. Sukhram Khalkho and his report is Exhibit-P/7, according to which the cause of death was excessive bleeding due to hemorrhage and death was homicidal in nature. Pursuant to memorandum statement of appellant No.1 vide Exhibit-P/3, axe was recovered from the possession of appellant No. 1 vide Exhibit-P/4 which was sent for FSL. Other articles were also seized and sent for FSL, but no FSL report has been brought on record.

(3.) After due investigation, the appellants were charge-sheeted for the offence punishable under Sec. 302 of IPC before the jurisdictional criminal Court and the case was committed to the trial Court for hearing and disposal in accordance with law, in which appellants/accused abjured their guilt and entered into defence by stating that they have not committed the offence.