RAM NARAYAN PANKAJ 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. 19/09/2014 passed by learned Additional Sessions Judge, Sarangarh, District Raigarh in Sessions Trial No. 07/2014 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.500.00 and in default of payment of fine, additional S.I. for 6 months.

(2.) Case of the prosecution, in brief, is that 10/01/2014 at about 6 PM at village Reda within the ambit of Police Station Sarangarh, the appellant herein assaulted his father Sonau Ram with wooden stick on his head, hands and face and caused his death and thereby, committed the aforesaid offence.

(3.) Further case of the prosecution is that appellant's legally wedded wife deserted him branding him to be insane on account of which appellant used to insist his father and mother to get him married again but they were not doing so. On 10/01/2014, Shiv Kumar Pankaj (P.W.-1) lodged a report at Police Station Sarangarh that he had lost his bicycle and was searching for it but when he returned to his house he found that his younger brother (appellant) had murdered his father Sonau Ram by assaulting him with wooden stick and his mother Kuntimati (P.W.-3) and his wife Radha Bai (P.W.-10) had seen his brother assault his father. On the basis of the said information, first information report was registered vide Ex. P/1 and dehati nalishi was registered vide Ex. P/4 and merg intimation was registered vide Ex. P/3. Summons were issued to the witnesses under Sec. 175 of CrPC vide Ex. P/6 and inquest was conducted vide Ex. P/7 and the dead body of deceased Sonau Ram was subjected to postmortem which was conducted by Dr. J.R. Ghritlahre (P.W.-8) and as per the postmortem report (Ex. P/11), cause of death is said to be hemorrhage shock due to injury on vital organs and nature of death is said to be homicidal. Memorandum statement of the appellant was recorded vide Ex. P/11 and on that basis, wooden stick and t-shirt worn by the appellant were recovered vide Ex. P/8. 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.