RAMJOOTHAN Vs. STATE OF C G

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 24.8.2009 passed by the Special/Sessions Judge, Koriya-Baikunthpur in Special Sessions Trial No. 10/08 whereby & whereunder the Special/Sessions Judge after holding the appellant guilty for committing house breaking in night with intent to commit the offence punishable with capital sentence and causing homicidal death of deceased Budhram, amounting to murder, and also causing simple injuries to Ramkumar (P.W. 9), convicted him under Sections 302, 450 & 323 of the IPC and Sentenced to undergo R.I. for life; R.I. for 07 years & R.I. for 06 months respectively. Conviction is impugned on the ground that without an iota of evidence the trial Court has convicted & sentenced the appellant as aforementioned, and thereby committed illegality.

(2.) As per case of the prosecution, on the fateful day i.e. 17.1.2008 at about 11.30 p.m. in the night, unfortunate deceased Budhram was sleeping in his house. Ramkumar (P.W. 9) & Fatte Singh (P.W. 10), sons of deceased Budhram, were also sleeping in the same room. The appellant pushed the door, entered into the house, assaulted Budhram by wooden plank and thereafter left the house. Incident was witnessed by Ramkumar (P.W. 9) & Fatte Singh (P.W. 10). Injured was taken to the District Hospital, Baikunthpur where he died on 18.11.2008 at about 5.55 p.m. while undergoing treatment. Death was intimated to the police vide Ex. P-10. Merg was recorded vide Ex. P-9 and FIR was recorded vide Ex. P-8. Initially injured was examined by Dr. G.D. Baghel (P.W. 15) who noticed contusion over left parietal region of 7 x 5 cm, contusion of 3 x 2 cm over left eyebrow & lacerated wound over upper lips of 2 x 0.5 c.m. He has referred the deceased to the Medical College, Raipur. The investigating officer, after summoning the witnesses vide Ex. P-1, prepared inquest over the dead body of the deceased vide Ex. P-2. Dead body was sent for autopsy to the District Hospital, Baikunthpur where Dr. Rameshwar Sharma (P.W. 13) conducted autopsy vide Ex. P-11 and noticed one abrasion of 8 x 6 cm size over right elbow joint, bleeding from both the ears, fracture of parietal bone into three pieces with blood clot in the brain. Mode of death was coma. Burned piece of wood and blood stained clothing were seized from the spot vide Ex. P-4. Statements of witnesses were recorded under Section 161 of Cr.P.C.

(3.) After completion of investigation, charge sheet was filed before the Judicial Magistrate 1st Class, Baikunthpur, District Koriya, who, in turn, committed the case to the Court of Special/Sessions Judge, Koriya (Baikunthpur) for trial. In order to prove guilt of the appellant, the prosecution had examined as many as 18 witnesses. Statement of the appellant was recorded under Section 313 of Cr.P.C. where he denied the circumstances appearing against him in the prosecution case and pleaded innocence & false implication. The appellant has also examined Ramcharan (D.W. 1) & Narayan Prasad (D.W. 2) in his defence and they have deposed that the appellant is insane and used to roam without any purpose.