SHANKAR RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the CrPC is directed against the impugned judgment and order dtd. 29/9/2014 passed by the 3rd Additional Sessions Judge, Bastar at Jagdalpur, in Sessions Trial No.70/2014 by which the appellant has been convicted for offences under Ss. 302 of the IPC, 25 and 27 of the Arms Act and sentenced to undergo imprisonment for life and pay fine of ? 500/-, in default, additional rigorous imprisonment for six months; rigorous imprisonment for one year and pay fine of ? 200/-, in default, additional rigorous imprisonment for three months; and rigorous imprisonment for three years and pay fine of ? 200/-, in default, additional rigorous imprisonment for three months, respectively, with a direction to run the sentences concurrently.

(2.) Case of the prosecution, in a nutshell, is that on 20/5/2014 at 8 a.m. in the morning at Ranha Bhadra forest, the appellant assaulted Smt. Chandra Bhatra by chaku (kadri) and caused multiple injuries to her by which she suffered injuries and died. It is the further case of the prosecution that Burunda Kashyap (PW-1) left his mother Chandra Bhatra at Ranha Bhadra forest for picking mahuwa and the appellant was seen going towards Ranha Bhadra forest by Benudhar (PW-6), thereafter, Mangla (PW-5) while going towards forest, met Jayanti Bai, Rasna Bai and Radhamani who informed him that Chandra (deceased) is lying in injured condition and thereafter, Kotwar and others reached to the spot and found Chandra in injured condition. Ambulance was called and Chandra was escorted to the hospital where she died. Morgue was registered vide Ex.P-6 and Inquest was conducted vide Ex.P-4. Dead body of deceased Smt. Chandra Bhatra was sent for postmortem which was conducted by Dr. R.S. Bhanwar (PW-8) vide Ex.P-15 and cause of death was stated to be extreme amount of external and internal haemorrhage due to cardiopulmonary arrest, and death was homicidal in nature. Pursuant to the memorandum statement of the appellant, bloodstained knife and shirt of the appellant were seized from the spot vide Ex.P-2 and broken button was also seized and same were sent for chemical examination to the Forensic Science Laboratory from where report Ex.P-26 was received according to which blood was found on the appellant's shirt and knife.

(3.) Statements of the witnesses were recorded under Sec. 161 of the CrPC. After due investigation, the accused / appellant was charge-sheeted for offences under Ss. 302 of the IPC, 25 and 27 of the Arms Act, and charge-sheet was filed before the jurisdictional criminal court i.e. Judicial Magistrate First Class, Bastar at Jagdalpur, and the case was committed to the Court of Sessions, Bastar at Jagdalpur from where the learned 3rd Additional Sessions Judge, Bastar at Jagdalpur received the case on transfer for trial.