JITLAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant under Sec. 374(2) of Cr.P.C. is directed against the impugned judgment dtd. 7/12/2015 passed by the Sessions Judge, Surajpur, in Sessions Trial No.73/ 2014, by which, the appellant herein has been convicted for offence under Sec. 302 of Indian Penal Code and sentenced to undergo life imprisonment and fine of Rs.1000.00, in default of payment of fine amount, 3 months additional rigorous imprisonment.

(2.) Case of the prosecution, in short, is that on 1/4/2014, at about 2:00 p.m., the appellant abused Heeralal and threatened him and assaulted him by stone, by which, he suffered grievous injuries and died; thereby the offence has been committed. Further case of the prosecution is that Heeralal (now deceased) stood as surety for grant of bail to the appellant herein before the Court of Tahsildar, Odgi by submitting the lease-deed of his land. On 1/4/2014, Heeralal and his wife Ujiyaro Bai (PW-2) went to the house of appellant herein at village Dudhodih for taking back the lease-deed of their land, on which, the appellant told Heeralal that papers are still in the Court of Tahsildar, Odgi and same will be handed over to him later on receipt from the Tahsil office. Thereafter, the appellant took deceased Heeralal along-with him towards village Basti and after sometime, appellant returned alone to his house and upon being asked by Ujiyaro Bai (PW-2), wife of deceased, who was present in the house of appellant, whereabouts of her husband, then appellant abused her and told that he has murdered her husband near Nala by stone and also threatened her to kill her, on which, Ujiyaro Bai (PW-2) immediately went towards Nala and found that her husband was lying there and blood was oozing out from his head and eyes and on her cry, Up-sarpanch Shiva Rajwade and other villagers reached there and Heeralal was sent to Bhaiyathan hospital from where Heeralal was referred to Ambikapur hospital. Thereafter, Ujiyari Bai (PW-2) reported the matter to the police on the same day on 1/4/2014 at 3:40 p.m., on the basis of which, the FIR was registered against the present appellant vide Ex. P-13 and Ex.P-18. Heeralal died in the Ambikapur hospital on 3/4/2014. Thereafter, merg intimation was registered vide Ex.P-1, inquest was conducted vide Ex.P-3 and dead body of deceased Heeralal was subjected to post-mortem, which was conducted by Dr. K.R.Tekam (PW-11), who proved the post-mortem report Ex.P-16, according to which, cause of death was stated to be coma due to head injury leading to cardio pulmonary arrest and death was homicidal in nature. Pursuant to memorandum statement of the appellant Ex.P-8, stone was seized vide Ex.P-9, lungi was seized vide Ex.P-10, which were sent for chemical examination along-with other seized articles to FSL and in the FSL report Ex.P-23, blood was found on the seized articles. After due investigation, the appellant was charge-sheeted for the aforesaid offence to the jurisdictional criminal court and the case was ultimately committed to the Court of Sessions for hearing and disposal in accordance with law, in which the appellant abjured his guilt and entered into defence stating that he has not committed any offence and he has been falsely implicated.

(3.) In order to bring home the offence, prosecution examined as many as 15 witnesses and exhibited 25 documents and the appellant-accused in support of his defence has not examined any witness but has exhibited the document Ex.D-1.