DHWAJARAM RATHIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant-accused under Sec. 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dtd. 16/12/2014, passed by the Sessions Judge, Raigarh in Sessions Case No.184 of 2014, whereby he has been convicted for offences: under Sec. 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.5,000.00 and, in default of payment of fine, additional rigorous imprisonment for 02 years and also under Sec. 323 of IPC with fine of Rs.500.00 only, and in default of payment of fine, sentenced to undergo simple imprisonment for 15 days.

(2.) The case of the prosecution, in short, is that on 23/6/2014, at about 15:00 in the afternoon, at Village Jobaro within the ambit of Police Station Tamanar, Raigarh, the accused-appellant herein assaulted his father, namely, Munna Ram Rathiya and his mother, namely, Sumitra Rathiya (PW-02) by means of 'tangiya' (axe), due to which Munna Ram Rathiya (for short the 'deceased') suffered grievous injuries and died and Sumitra Rathiya (PW-02) suffered voluntary hurt, and, thereby, the appellant is said to have committed offence under Ss. 302 and 323 of IPC.

(3.) The aforesaid incident was reported to the police by Rajaram Rathiya (PW-01), who is elder son of the deceased and brother of the appellant, by stating that he used to reside at Village Palighat and his ancestral house is at Village Jobaro, where his parents and younger brother used to reside. On 23/6/2014 at about 04:00 PM in the evening, while he was returning from his matrimonial house at Village Sarna to Village Palighat, one Tilak Sidar of Village Jobaro met him and informed that some incident had taken place in his house at Village Jabaro and he must go there, pursuant to which, Rajaram Rathiya (PW-01) visited his house at Village Jabaro and saw that many villagers had gathered in front of his house and, on being asked, he got information that his younger brother (appellant herein) had assaulted his father (deceased) and mother- Sumitra Rathiya (PW-02) by means of 'tangiya' (axe), due to which his father (deceased) died and mother-Sumitra Rathiya (PW-02) suffered injuries and further saw the injured dead-body of his father (deceased) lying on the 'khatiya' (bed). Thereafter, on the aforesaid report, the police registered FIR (Ex.P/01) against the appellant and wheels of investigation started running, in which, inquest proceedings were conducted vide Ex.P/02 and summons under Sec. 175 of CrPC were sent vide Ex.P/08. Naksha Pachayatnama was also prepared vide Ex.P/09. The dead-body of deceased was sent for postmortem examination and in the postmortem examination report (Ex.P/11), conducted by Dr. Savitri Tigga (PW-07), it was opined that the cause of death of deceased is asphyxia due to hemorrhage on the right lung leading to cardio-respiratory arrest and nature of death is homicidal. The appellant-accused was arrested vide Ex.P/10 and his memorandum statement was recorded vide Ex.P/06. Pursuant to the memorandum statement of the accused-appellant, the weapon of the offence i.e. 'tangi' (axe) has been seized vide Ex.P/07. However, the aforesaid seized axe has not be subjected to FSL examination for the reasons best known to the prosecution. Thereafter, statements of witnesses were recorded and, after due investigation, the police filed charge-sheet against the appellant in the Court of Judicial Magistrate First Class and, thereafter, the case was committed to the Court of Sessions for hearing and trial in accordance with law, in which the appellant/accused abjured his guilt and entered into defence by stating that he is innocent and has been falsely implicated.