DHANIRAM Vs. STATE OF C.G.

JUDGEMENT

(1.) The appellant stands convicted under Section 302, I.P.C. to life imprisonment along with fine of Rs. 500/-. In the event of failure to pay the fine, he would have to undergo one more month of rigorous imprisonment ordered by the Additional Sessions Judge (FTC) Pendraroad in Sessions Trial No. 08/2008 on 6-9-2008.

(2.) The appellant is alleged to have fatally assaulted the deceased, Mathura Prasad inside the house of the former on 25-11-2007, at about 2.00 p.m. F.I.R. was lodged the same day at 5.00 p.m., registered as Pendra P.S. Case No. 288 of 2007, marked Exhibit P/1 by Maiku Prasad, PW1, son of the deceased. It was stated that the deceased along with the appellant and Lallu, Samaru and Shivmangal, had taken a loan from the Government for a business venture. There was a financial dispute between them because of which his father had left home and was living at Belgahna. On the day of occurrence, his father had come to the village and was sitting in the house of Santram, PW4. The appellant took the deceased to his house on the pretext of a meal and then assaulted and killed him with a Sabbal (crowbar) and. was seen running away with the Sabbal; in his hand by PW 3, Mahesiya Bai and PW 6, Ramlal.

(3.) The Police on information having reached the place of occurrence prepared the site map, Exhibit P/2. The body of the deceased was found lying on a cot in the Courtyard of the house of the appellant. The inquest report marked as Exhibit P/11 also states that the body was lying on, the cot in the court-yard of the house of the appellant with injuries on the face. The post-mortem was conducted by PW 14, Dr. Dharmendra Kumar Gahwai and the report was marked as Exhibit P/18. The following injuries were found on the deceased :