RAJKUMAR VISHWAKARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By way of this criminal appeal filed under Sec. 374(2) of Cr.P.C. the appellant-accused is calling in question the legality, validity and correctness of the impugned judgment of conviction and order of sentence dtd. 31/1/2013, passed by the Court of learned Addl. Sessions Judge, Bilaspur in Sessions Trial No.173/2012, whereby the appellant-accused has been convicted for offence under Sec. 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.1000.00 and, in default of payment of fine, additional rigorous imprisonment of three months.

(2.) The case of the prosecution, in short, is that on 30/8/2012 at about 07:30 in the evening in front of Panchayat Bhawan at Village Bhimpuri within the ambit of Police outpost Junapara, Police Station Takhatpur, District Bilaspur the accused-appellant with the intention to kill Santosh Jaiswal (herein after referred to as the "deceased") assaulted him by means of axe on the back side of his head, neck and chest by which he suffered grievous injuries and died on the spot and, thereby, committed offence under Sec. 302 of IPC.

(3.) It is further case of the prosecution that on 7/4/2012, on the question of raising wall, a dispute arose between the appellant and Bishmbhar (PW-12) and Santosh (deceased) and the appellant is said to have broken the hand of Bishmbhar (PW-12), in which police took action and on that account the appellant had grudge and enmity with Santosh (deceased) and his father. It is further case of the prosecution that on 30/8/2012 at about 07:30 PM in the evening, while deceased was standing near the Panchayat Bhawan of Village Bhimpuri, at that juncture, the appellant armed with axe came from back side of the deceased and assaulted him thrice, due to which deceased sustained multiple injuries and died. Thereafter, Jaleshwar (PW-01) reported the matter to police, pursuant to which marg intimation (Ex.P/01) and FIR (Ex.P/02) were registered. Inquest proceedings were conducted vide Ex.P/08 and Nazari Naksha was also prepared vide Ex.P/10. On the recommendation of "panchas" the dead-body of deceased was sent for postmortem examination and in the postmortem examination report (Ex.P/25), conducted by Dr. R.S. Ayam (PW-18), it was opined that the cause of death of deceased is shock due to homicidal injuries and excessive hemorrhage. Thereafter, appellant-accused was arrested vide Ex.P/14 and his memorandum statement was recorded vide Ex.P/12. Pursuant to memorandum statement of the appellant, an axe was seized vide Ex.P/13. The aforesaid seized axe was sent for FSL examination alongwith other seized articles, but no FSL report has been brought on record for the reasons best known to the prosecution. Thereafter, statements of witnesses were recorded and, after due investigation, the police filed charge-sheet in the Court of Judicial Magistrate First Class, Takhatpur and, thereafter, the case was committed to the Court of Sessions for trial in accordance with law, in which the appellant/accused abjured his guilt and entered into defence by stating that he is innocent and has been falsely implicated.