CHHOTKU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellant under Sec. 374(2) of IPC against impugned judgment dtd. 30/06/2014 passed by learned Additional Sessions Judge, Mungeli in Sessions Trial No. 15/2013 whereby he has been convicted for offence punishable under Sec. 302 of IPC and has been sentenced to undergo life imprisonment with fine of Rs.5000.00 and in default of payment of fine, additional R.I. for one month.

(2.) Case of the prosecution, in brief, is that in the intervening night of 15-16/02/2013 at village Buchipara within the ambit of Police Station City Kotwali, Mungeli, the appellant herein assaulted Premkumar Yadav with laathi and caused his death and thereby, committed the aforesaid offence.

(3.) Further case of the prosecution is that complainant Babla Yadav (P.W.-1) lodged a report at Police Station City Kotwali, Mungeli that on 15/02/2013, the appellant came to their house under the influence of liqour and started abusing them upon which his son Premkumar and his wife Lalita Bai (P.W.-2) came outside the house and asked the appellant as to why he was abusing his family members then the appellant went towards his house. After 10-15 minutes, the appellant returned again and started abusing the deceased and the appellant and deceased engaged into a quarrel and they went somewhere together. On the next day, when Lalita Bai (P.W.-2) informed him that her husband Premkumar had not come home and thereafter, his dead body was recovered near Thakurdev temple at about 9:30 AM on 16/02/2013. On the basis of the said information, merg intimation was registered vide Ex. P/1 and first information report was lodged vide Ex. P/2. Spot map was prepared vide Ex. P/3 and naksha panchayatnama was prepared vide Ex. P/17. Summons were issued to the witnesses vide Ex. P/18 and in their presence, inquest was conducted vide Ex.P/19 and the dead body of Premkumar Yadav was subjected to postmortem which was conducted by Dr. S.P. Baghel (P.W.-11) and as per the postmortem report (Ex. P/13), cause of death is said to be coma due to injuries on the brain and nature of death is said to be homicidal. Memorandum statement of the appellant was recorded vide Ex. P/9 and pursuant thereof, a laathi was seized vide Ex. P/10 and the shirt and lungi worn by the appellant were seized vide Ex. P/11. 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.