POSHANLAL VERMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred under Sec. 374(2) of the Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dtd. 5/11/2015 passed by the learned Sessions Judge Raipur, District Raipur (C.G.) in Session Trial No. 139 of 2015 by which the appellant has been convicted for offence under Ss. 302 and 324 of the Indian Penal Code (IPC) and sentenced to undergo rigorous imprisonment for life and rigorous imprisonment for 06 months (both the sentence run concurrently).

(2.) Case of the prosecution, in brief, is that the complainant, namely, Ganesh Ram Lahre (PW-1) informed the Police about the incident on 11/4/2015 and gave the Dehati Nalsi (Ex.P-1) to Police Inspector, namely, K.P. Banjare (PW-17) that complainant got the information that accused, namely, Poshanlal Verma has hurt the deceased, namely, Shyamcharan Dheevar 3-4 times with his axe at his head with the intention to kill the deceased in front of Jivan Pan Thela. When complainant went at spot, he saw the deceased in a hurt state and accused with his axe and threatening him. The complainant met with the village people Ashok Nayak (PW-9) and Ramnath (PW-10) control the accused and during the incident accused also hurt the Rajwantin Bai (PW-8), who is the wife of the deceased with the axe. They forthwith arranged the treatment and Nandkumar (PW-3) informed the Police that the injured-Shyamcharan was brought to the Government Hospital in an ambulance, where he died on which Police has registered the Dehati Merg Intimation (Ex.P-6). According to Inquest Report (Ex.P-4), the dead body was examined while doing Panchnama. Visual map of the incident site (Ex.P-2) was prepared and items were seized from the incident site as per Ex.P-7. While conducting the postmortem of the deceased, the report was prepared by Ex.P-10 received. According to Ex.P-8, axe and his own clothes were seized from the accused. The inspection of the seized axe was conducted as per Ex.P-11. A panchnama was prepared from the Revenue Officer as per Ex.P-12. Injured-Rajwantin Bai was also taken for medical examination. In Police Station Mandir Hasoud Merg Intimation (Ex.P-13) and First Information Report (FIR) (Ex.P-15) were registered.

(3.) Dead body of the deceased was sent for postmortem to the Community Health Centre, Arang, District Raipur (C.G.). Dr. B.K. Chandravanshi (PW-11) conducted postmortem vide Ex.P-10 and found following injuries :-