SAIKOAT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the CrPC preferred by the appellant-accused is directed against the impugned judgment of conviction and order of sentence dtd. 28/1/2015 passed by the learned Third Additional Sessions Judge, Bastar, at Jagdarlpur, Chhattisgarh in Sessions Trial No. 117/2014 by which appellant has been convicted for offence under Sec. 302 of the IPC and sentenced to undergo imprisonment for life and pay fine of Rs.200.00; in default of payment of fine further imprisonment for one month.

(2.) Case of the prosecution, in nutshell, is that on 16/9/2014 at about 5:00 pm at village Chnadragiri Kadtipara, Chowki Pakhnar Police Station Darbha, appellant assaulted his cousin brother Dudndi (deceased), on his head, by axe by which he suffered grievous injuries and died and thereby, committed the aforesaid offence.

(3.) It is further case of the prosecution that appellant and deceased Dundi were cousin brothers and on account of partition of land, dispute arose between the parties and in pursuant to that dispute, on the date of offence i.e. 16/9/2014 at 5:00 pm, appellant and deceased started quarreling and when the dispute escalated, appellant assaulted deceased by axe kept with him by which deceased Dundi suffered injuries and died. The whole incident was seen by Sannu Madiya (PW-6), son of the deceased. Sannu Madiya (PW-6), Sannu Markam (PW-1), Chetan (PW-2) along with other villagers went to Police Chowki Pakhnar and registered the Merg Intimation (Ex.P/15 and Ex.P/16). FIR was registered vide Ex. P/13. Inquest proceedings were conducted vide Ex.P/2 and dead body was sent for postmortem. As per postmortem report (Ex.P/11) conducted by Dr. S.S. Raj (PW-9), cause of death was due to bleeding of dysfunction of vital organ due to rupture of intracranial contains and nature of death is homicidal. Pursuant to memorandum statement of appellant (Ex.P/3), axe was seized vide Ex. P/5.