RAIRAM NETAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant herein under Sec. 374(2) of the CrPC is directed against the impugned judgment of conviction and order of sentence dtd. 9/10/2017 passed in Sessions Trial No. 19/2013 by the Sessions Judge, Kondagaon, District: Kondagaon (C.G.) by which the appellant stands convicted and sentenced as under:- <FRM>JUDGEMENT_58_LAWS(CHH)8_2023_1.html</FRM>

(2.) Case of the prosecution, in short, is that on 2/11/2012, at about 8:30 pm at Village: Chote Sohanga, Police Station: Makdi, the appellant assaulted Padmini Netam with Tangi by which she suffered injuries and died. Further case of the prosecution, in brief, is that the present appellant is the cousin of the deceased Padmini and Ku. Malti (PW-3). Quarrels used to take place between them very often on account of land dispute. On 2/11/2012 when Ku. Malti (PW-3) was returning from market, she saw the present appellant running away through verandah of her house and thereafter she found Padmini (deceased) lying dead with an axe stuck in her head. She started hue and cry, by which Mogdi Bai (PW-5) who was sleeping on another room of her house woke up and also saw the dead body of the deceased, pursuant to which Merg Intimation Ex.P/5 and FIR Ex.P/6 were registered and thereafter, the inquest was conducted vide Ex.P/8. Thereafter, dead body of the deceased was sent for postmortem examination which was conducted by Dr. R.N. Bhanwar, (PW-6) who has proved the postmortem report Ex.P-13, in which cause of death was stated to be due to head injury and the death was homicidal in nature. Seized articels were sent for chemical examination vide Ex.P/20, and vide Ex.P/22, Serological report was brought on record according to which, blood was found on the seized articles.

(3.) Statements of witnesses under Sec. 161 of Cr.P.C. were recorded. After completion of investigation, the appellant was charge-sheeted 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.