RAGHU MANJHI Vs. STATE OF C.G.

JUDGEMENT

(1.) This criminal appeal preferred by the appellant under Sec. 374(2) of the Cr.P.C. is directed against the impugned judgment dtd. 21/1/2020 passed by the learned Sessions Judge, Ambikapur, District Sarguja (CG) in Sessions Case No.93/2019, whereby, the appellant has been convicted under Sec. 302 of the IPC and sentenced to undergo RI for life and to pay a fine of Rs.500.00, in default of payment of fine to further undergo RI for six months and under Sec. 323 of the IPC and sentenced to undergo RI for six months and to pay a fine of Rs.500.00, in default of payment of fine, to further undergo RI for one month.

(2.) Case of the prosecution, in brief, is that an information was received by the SHO, Police Station Sitapur to the effect that Hawal Manjhi had been killed. The concerned SHO went to the Village Katkalo for ratification of the said information, where, he met complainant Tulo Bai (PW-1), wife of the appellant, who was also injured in the incident. According to the prosecution, on the date of the incident i.e. on 3/8/2019, deceased Hawal Manjhi, who was the father-in-law of the complainant and the appellant /accused Raghu Manjhi (her husband) and she along with her children were present in the house and her mother-in-law had gone to graze the cattle. In the evening hours, the complainant leaving the kids at home, went to fetch water and at that time, her husband (appellant) and father-in-law (deceased) were at home. When she came back, she saw that an altercation was going on between the appellant and his father on the ground that his son (appellant) used to do no work and the deceased as usual was scolding him. On this, the appellant got agitated for being always scolded and picked up a Tangia (axe) and assaulted his father. At that time, Tulo Bai (PW-1) intervened and caught hold of the axe, on which, she was also assaulted by the appellant in result of that she also sustained injury on her head. Subsequently, the appellant assaulted Hawal Manjhi (deceased) on his face and head repeatedly and left the axe at the spot and fled away with his 6 years old daughter. Thereafter, the complainant disclosed about the incident to Sainath (PW-2), who, in turn, informed Sahas Ram (PW-4) and the Ambulance was called. On the statement of the complainant, Dehatinalisi vide Ex.P/13 was lodged and subsequent to it, Dehati Merg Intimation vide Ex.P/14 was lodged. The dead body was sent for postmortem examination, which was conducted by Dr. S.N. Paikra (PW-5), who opined that the death was homicidal in nature. Thereafter, the appellant/accused was apprehended and on his memorandum statement, the weapon used in the offence as also his blood stained T-Shirt were recovered from the spot, which were sent for FSL examination After the enquiry, the statements of the witnesses were recorded.

(3.) After completion of the investigation, the charge sheet was filed. In order to bring home the charge, the prosecution examined as many as 8 witnesses and exhibited 20 documents. During the course of trial, the appellant had abjured his guilt and claimed to be tried. As per the FSL Report-Ex-P/19, human blood was found on the seized articles.