PRAMOD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of CrPC has been preferred by the appellant herein against the impugned judgment dtd. 10/02/2015 passed by learned Additional Sessions Judge, Durg in Special Sessions Trial No. 15/2014 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.100.00 and under Sec. 4 of Chhattisgarh Tonhi Pratarna Nivaran Act, 2005 and has been sentenced to undergo R.I. for 3 years with fine of Rs.100.00 and in default of payment of fine, additional R.I. for 10-10 days for both the offences, with a direction to run both the sentences concurrently.

(2.) Case of the prosecution, in brief, is that on 12/10/2013 in between 8-9 PM at village Girhola within the ambit of Police Station Nandini, the appellant herein along with four other coaccused persons constituted an unlawful assembly armed with deadly weapon like axe with a common object of causing death of Pramila Bai and in furtherance of their common intention, they assaulted Pramila Bai with axe and murdered her on the pretext that she practiced witchcraft and thereby, committed the aforesaid offences.

(3.) Further case of the prosecution is that all the five accused persons including the appellant suspected that deceased Pramila Bai used to practice witchcraft and she had performed black magic on the appellant as well as on co-accused Kishnu and in furtherance of their common intention, they assaulted Pramila Bai with axe and caused her death on the fateful day. Thereafter, Rajkumar Banjare (P.W.-10) reported about the incident at Police Station Nandini on the basis of which first information report was registered vide Ex. P/25 and merg intimation was registered vide Ex. P/26. Summons were issued to the witnesses vide Ex. P/1 and inquest was conducted vide Ex. P/2. From the spot, plain soil and blood stained soil was recovered vide Ex. P/13 and the slippers worn by the deceased were seized vide Ex. P/14. The dead body of Pramila Bai was subjected to postmortem which was conducted by Dr. P. Akhtar (P.W.-12) and as per postmortem report (Ex. P/33), cause of death is said to be coma and shock due to head injury. Memorandum statements of the accused persons were recorded vide Ex. P/8 to P/11 and recovery of axe was made from the appellant vide Ex. P/16. The said seized articles were sent for forensic examination and as per the FSL report (Ex. P/35), blood was found on the said axe. After due investigation, the accused persons were chargesheeted for offences punishable under Ss. 148, 302/120B, 302 r/w 149 of IPC and Ss. 4 and 5 of Chhattisgarh Tonhi Pratarna Nivaran Act, 2005, which was committed to the Court of Sessions for trial in accordance with law.