JANMAJAY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of CrPC has been preferred by the appellant against the impugned judgment dtd. 28/2/2012 passed by the Additional Sessions Judge, Jashpur at Kunkuri, District Jashpur, in Sessions Trial No.57/2010 whereby appellant has been convicted for offence punishable under Ss. 459 and 302 of the IPC and sentenced to undergo R.I. for 10 years and pay fine of Rs.200,.00 in default of payment of fine additional S.I. for 3 years and imprisonment for life and fine of Rs.300,.00 in default of payment of fine additional R.I. for 3 years, respectively.

(2.) Case of the prosecution, in short, is that on 30/3/2010 at about 12:00 pm at night, the appellant trespassed the house of the deceased - Ranjan and assaulted him by stone and caused his murder and thereby committed the aforesaid offences.

(3.) Further case of the prosecution is that Saimon Ram (PW-1) uncle of the deceased-Ranjan lodged a report on 31/3/2010 in Police Station Farsabahar that on 30/3/2010 at about 12:00 pm at night unidentified person has murdered his nephew-Ranjan (brother's son) pursuant to which Assistant Sub Inspector, Ramesh Rai (PW-14) registered, Merg Intimation (Ex.P/1), FIR (Ex.P/2) and inquest was conducted and dead body was sent for postmortem to the Community Health Center, Farsabahar, where Dr. Ajit Kumar Minj (PW-15) conducted postmortem and prepared the postmortem report (Ex.P/15). According to the postmortem report, the cause of death was shock and mode of death was brain hemorrhage due to head injury and it was homicidal in nature. Thereafter, spot map was prepared vide Ex.P/12, and Nazari Naksha was also prepared vide Ex.P/7. Blood stained soil and simple soil were seized vide Ex.P/3 and from the possession of the appellant full shirt and full pant were seized vide Ex.P/4 and stone was also seized vide Ex.P/6 (property seizure memo) as per the memorandum statement of the appellant vide Ex.P/5. Query report was also invited from Dr. Ajit Kumar Minj (PW-15). According to him injury could have been caused by the stone seized as indicated by the appellant herein and weapon of offence was sent for FSL and as per the FSL report (not exhibited) dtd. 30/6/2010 on full pant, full shirt and on stone blood was found. After due investigation the appellant was charge-sheeted for the aforesaid offences and it was committed to the Court of Sessions for trail in accordance with law in which appellant abjured his guilt and entered into defence stating that he has not committed the offence.