ROHIT KUMAR SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant under Sec. 374(2) of Cr.P.C. is directed against the impugned judgment dtd. 12/4/2017, passed by the learned Sessions Judge, Baikunthpur, District Koriya, in Sessions Trial No.80/2016, by which the appellant herein has been convicted for the offence under Sec. 302 of Indian Penal Code and sentenced to life imprisonment and fine of Rs.1000.00, in default of payment of fine, additional rigorous imprisonment for 3 months.

(2.) Case of the prosecution, in brief, is that on 27/5/2016 at 9:00 p.m., at village Tenduwa, Awarapara, the appellant assaulted his mother Smt. Munnibai by hand and fist, by which she suffered injuries and died on 29/5/2016 at District Hospital Ambikapur, pursuant to which, Santosh Kumar (PW-1), who is Ward-boy, District Hospital, Ambikapur, reported the matter to the police vide Ex.P-1 and merg under Sec. 174 Cr.P.C. was registered vide Ex.P-11 and FIR was registered vide Ex.P-13 against the appellant and accordingly it was informed to the C.J.M. Baikunthpur. The inquest was conducted vide Ex.P-23 and dead body was sent for post-mortem, which was conducted by Dr. Anupam Minj (PW-12), who proved the post-mortem report Ex.P-26, in which cause of death was stated to be shock due to intestinal perforation and injury to vital organ spleen and death was homicidal in nature. After due investigation, appellant was charge-sheeted for the aforesaid offence under Sec. 302 of I.P.C. before the jurisdictional criminal court, which was ultimately committed to the Court of Sessions for hearing and disposal in accordance with law, in which the appellant abjured his guilt and entered into defence stating that he has not committed any offence and he has been falsely implicated.

(3.) In order to bring home the offence, prosecution examined as many as 13 witnesses and exhibited 29 documents and the appellant-accused in support of his defence has examined only one witness DW-1 and exhibited the document Ex.D-1 i.e. statement of Smt. Rekha Sahu recorded under Sec. 161 of Cr.P.C.