TABREJ KHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Sanjay K. Agrawal, J 1.This criminal appeal filed 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. 23/4/2012, passed by the Court of learned Sessions Judge, Mahasamund in Sessions Case No.69/2011, whereby he has been convicted for offence under Sec. 302 of IPC and sentenced to undergo imprisonment for life with fine of Rs.5,000.00 and, in default of payment of fine, additional rigorous imprisonment of 06 months.

(2.) The case of the prosecution, in breif, is that in the intervening night of 5/7/2011 and 6/7/2011, between 12:00 to 12:30 AM, near Baisakhu Yadav's (PW-08) house at Ward No.04, Nayapara, the appellant-accused assaulted his friend, namely, Pawan Kumar Yadav (hereinafter referred to as "deceased") by means of a heavy stone on his head and caused his murder, pursuant to which, Budduram (PW-01) lodged Dehati Nalis (Ex.P/01) and, thereafter, dehati marg and FIR were also registered vide Ex.P/02 and P/11 respectively. Further, spot map was prepared vide Ex.P/05 and inquest was conducted vide Ex.P/04. Thereafter, the dead-body of deceased was sent for postmortem examination and in the postmortem examination report (Ex.P/10), conducted by Dr. Girdharilal Chandrakar (PW-10), it was opined that the cause of death of deceased is cardio respiratory failure due to severe hemorrhage and injury on vital organ- brain and nature of death is homicidal. The appellant-accused was arrested vide Ex.P/13 and his memorandum statement was recorded vide Ex.P/07. Further, from the place of incident, sample of soils and stone were recovered vide Ex.P/06 and from the possession of accused-appellant one full-pant was seized vide Ex.P/08.

(3.) Thereafter, all the aforesaid seized articles were sent for FSL examination vide Ex.P/16, but no FSL report has been brought on record for the reasons best known to the prosecution. Thereafter, statements of witnesses were recorded and, after due investigation, the police filed charge-sheet in the Court of Chief Judicial Magistrate, Mahasamund and, thereafter, the case was committed to the Court of Sessions for 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.