DEONARAYAN PANDO Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of Cr.P.C. is directed against the impugned judgment dtd. 11/8/2015 passed by Third Additional Sessions Judge, Surajpur, District: Surajpur (C.G.) in Sessions Trial No. 48/2015 by which the appellant herein has been convicted for the offence under Sec. 302 of I.P.C. and sentenced to undergo life imprisonment with fine of Rs.100.00 and in default of payment of fine amount, additional R.I. for 5 months.

(2.) Case of the prosecution, in brief, is that on 3/3/2015, at 03:00 pm, at Village: Laxmipur, Police Station: Premnagar, the appellant assaulted his younger brother Chhatarpal by iron crowbar, by which he suffered grievous injury and died. Further case of the prosecution, is that on the date of offence, a doctor has come to the house of deceased for treating his son and when the doctor was returning after treating the son of the deceased, the appellant also requested the doctor to give him medicine for itching. Thereafter, the doctor had given the tablet and the deceased asked the appellant to give the amount of medicine to the doctor, on account of which the appellant became angry and assaulted the deceased with crowbar by which the deceased suffered injuries and died. Thereafter, FIR and Merg Intimation was registered vide Ex.P/1 and Ex.P/8. Inquest was conducted vide Ex.P/4. The dead body of the deceased was sent for autopsy. Postmortem was conducted by Dr. Sashikant (PW-11) and his report is Exhibit-P/14 wherein, he has opined the death of the deceased as homicidal which was due to head injuries. Pursuant to the memorandum statement of the appellant crowbar was recovered from his possession. Seized articles were sent for FSL vide Ex.P/12, but no FSL report has been brought on record.

(3.) After due investigation, the appellant was charge-sheeted for the offence punishable under Sec. 302 of IPC before the jurisdictional criminal Court and the case was committed to the trial Court for hearing and disposal in accordance with law, in which appellant/accused abjured his guilt and entered into defence by stating that he has not committed the offence.