NAROTTAM THAKUR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the CrPC is directed against the impugned judgment and order dtd. 29/10/2015 passed by the Sessions Judge, Durg, in Sessions Trial No.183/2014 by which the appellant has been convicted for offence under Sec. 302 of the IPC and sentenced to undergo imprisonment for life and pay fine of Rs. 100/-, in default, to further undergo additional simple imprisonment for one month.

(2.) Case of the prosecution, in brief, is that on 16/8/2014, between 8 a.m. and 4 p.m., the appellant assaulted Ashwani Yadav by hands and fists and strangulated him and thereby committed the offence. Further case of the prosecution is that deceased Ashwani Yadav, aged about 13 years, had already left his studies and was moving here and there without any work. On that day, he took his breakfast and left the house and at 11.30 a.m., he and the accused, both took biscuit, mixture, water pouch and disposable glass from the kirana shop of Seema Nayak (PW-9) and thereafter, both were noticed by Manoj Sahu (PW-13) at 1.30 p.m. in a hotel where they took some food and thereafter, they went towards Surdung Khar. Thereafter, at 4 p.m., dead body of Ashwani Yadav was recovered pursuant to which morgue intimation was registered by P.R. Sahu (PW-12) vide Ex.P-1 and inquest was prepared vide Ex.P-3. Dead body was sent for postmortem which was conducted by Dr. Akhilesh Yadav (PW-10) vide Ex.P-19 and cause of death was stated to be asphyxia and shock due to antemortem injuries to lung / neck and death was homicidal in nature. FIR was registered vide Ex.P-20. Pursuant to the memorandum statement of the appellant vide Ex.P-7, cycle of the deceased was recovered vide Ex.P-8. FSL report was also brought on record as Ex.P-23.

(3.) Statements of the witnesses were recorded under Sec. 161 of the CrPC. After due investigation, the accused / appellant was charge-sheeted for offence under Sec. 302 of the IPC and charge-sheet was filed before the jurisdictional criminal court i.e. Judicial Magistrate First Class, Bhilai, and the case was committed to the Court of Sessions, Durg where trial was conducted.