SANIYA RAM Vs. STATE OF C.G

JUDGEMENT

(1.) Accused/Appellant Saniya Ram has preferred this criminal appeal under Section 374(2) of the Code of Criminal Procedure, 1973 being aggrieved by the judgment of conviction and sentence dated 15/05/2004, passed by the learned Third Additional Sessions Judge (Fast Track Court), Raigarh in Sessions Trial No. 158 of 2003 by which the learned Additional Sessions Judge after holding the accused/Appellant guilty of the offence punishable under Section 302 of the Indian Penal Code, 1860 convicted and sentenced him to undergo imprisonment for life.

(2.) Factual scenario giving rise to the present appeal is as follows: On 13/08/2003 when Ghudobai (since deceased) during the day time in between 14-16 hours went towards the vicinity of village-Mudagaon. She was murdered with a sharp edged weapon - axe. The son of the deceased namely, P.W. 1 Dewar was informed. On receiving this information P.W. 1 Dewar went to the spot and saw the dead body of his mother lying by the side of the road near a Beshram bush. He saw that there was a cut injury on the neck of Ghudobai. He immediately went to the Police Station Lailunga and lodged the report about the incident. The Police after registering the case reached the scene of occurrence, prepared the Panchnama of the dead body and the dead body of Ghudobai was sent to Primary Health Centre, Lailunga for post-mortem examination where P.W. 8 Dr. Sunil Nigam conducted the autopsy on the dead body of Ghudobai. The post mortem report is Ex. P/9 in the opinion of the doctor, the cause of death of deceased Ghudobai was due to hemorrhage and shock as a result of the injury on the neck. The nature of the death was homicidal. The investigating Officer collected the plain soil as well as blood stained soil from the place of the incident. He also recovered and seized the weapon of offence-axe at the instance of the accused Appellant. The investigating Officer also seized the blood stained clothes of the accused Appellant and the clothes of the deceased. The blood stained clothes were sent for examination to the Forensic Science Laboratory from where the report was received.

(3.) After completion of the investigation the charge-sheet was filed against the accused/Appellant before the Judicial Magistrate First Class. Gharghoda who in turn committed the case to the learned Sessions Judge, Raigarh from where the learned Third Additional Sessions Judge (Fast Track Court), Raigarh received the case on transfer.