KRISHAN BALDEV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant herein has preferred this appeal under Sec. 374(2) of the CrPC, questioning legality, validity and correctness of the impugned judgment dtd. 6/8/2014, by which he has been convicted under Ss. 302 and 323 of the IPC and sentenced to undergo imprisonment for life and pay a fine of ? 500/-, in default of payment of fine to undergo simple imprisonment for two months, respectively.

(2.) Case of the prosecution, in the nutshell, is that on 5/6/2012 at 6:30 a.m., the appellant assaulted Anshu Soni by an iron summi (a sharp-edged weapon) by which he suffered injuries and died and also caused simple injuries to Harshit Soni (PW-3). Further case of the prosecution is that on the date of offence, deceased Anshu Soni being a differently abled person was watching cricket which was being played by Abhay Soni (PW-2), Harshit Soni (PW-3) and Avinash Gupta (PW-4) and at that time, alleging that some stone was thrown upon him by deceased Anshu Soni, the appellant assaulted him by a sharp-edged weapon (summi) by which he suffered 32 injuries and died on the spot pursuant to which Ashok Soni (PW-1) lodged first information report Ex.P-1 and morgue intimation Ex.P-2. Inquest was prepared vide Ex.P-4 and dead body was subjected to postmortem vide Ex.P-12A which was conducted by Dr. Om Prakash Prasad (PW-11) who opined that cause of death is head injury and death was homicidal in nature. Thereafter, memorandum statement of the appellant was recorded vide Ex.P-7 and the iron sharp-edged weapon was seized vide Ex.P-8 which was sent for chemical analysis to the Forensic Science Laboratory, Raipur, but no report was brought on record. Statements of the witnesses were recorded under Sec. 161 of the CrPC and the matter was investigated.

(3.) After completion of due investigation, charge-sheet was filed against the appellant for offences under Ss. 302 and 323 of the IPC before the jurisdictional criminal court which was committed to the Court of Sessions, Surguja from where the learned 3rd Additional Sessions Judge, Ambikapur, received the case on transfer for trial and for hearing and disposal in accordance with law.