VIJAY KANWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant, under Sec. 374(2) of CrPC, is directed against the judgment dtd. 23/5/2015 passed by learned Sessions Judge, Dhamtari in Sessions Trial No.06/2015, by which the appellant herein has been convicted for the offence under Sec. 302 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.10.00 and in default of payment of fine amount, to undergo additional Simple Imprisonment for 10 days.

(2.) Case of the prosecution, in short, is that on 25/12/2014 at about 4:30 p.m., in Village Devgaon, the appellant is said to have assaulted his mother Surja Bai with iron axe (kudali) on account of which she suffered grievous injuries and died; thereby committed the offence.

(3.) Further case of the prosecution is that PW-1 Sohan Lal, a Ward Boy of District Hospital, Dhamtari had submitted a memo to the Police Help Centre, Dhamtari in respect of the death of Surja Bai on 26/12/2014 at 20:45 p.m., on which Merg was registered and the matter was put to investigation. Panchnama was conducted and the dead-body of deceased Surja Bai was subjected to post-mortem which was conducted by Dr. Vinod Kumar Pandey (PW-5) who opined the cause of death to be head injury and it was homicidal in nature.