NOHAR SAINAGESHIYA Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal is arising out of impugned judgment of conviction and order of sentence dtd. 26/10/2002 passed by the Special Judge (Atrocities) and Additional Sessions Judge, Ambikapur, District - Surguja (CG) in Sessions Trial No.110/2000 by which, learned trial Court held the appellant guilty of commission of offence and sentenced as described below - <IMG>JUDGEMENT_84_LAWS(CHH)3_2023_1.jpg</IMG>

(2.) The charge against the appellant was that in the intervening night of 16 and 17/01/2000 at village - Nagam, Police Chowki - Lundra, Police Station - Dhaurpur, the appellant assaulted his mother Sadhiyo Bai with a lathi (club) and thereby committed her murder.

(3.) Investigation was carried out and merg intimation (Ex.P/11) was registered. FIR (Ex.P/10) was also registered. Inquest over dead body was prepared in Ex.P/3. The dead body was sent for post mortem. Dr. Durgaprasad Shandilya (PW16) conducted post mortem vide Ex.P/21. The lathi (club) was seized vide Ex.P/4 which was sent for FSL report. The accused was arrested vide arrest memo (Ex.P/5), statement of the witnesses were recorded and after due investigation, charge sheet was filed. The appellant was charged as aforesaid which he denied and claimed to be tried. Thereafter, he was put to trial.