TEJRAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The sole appellant stands convicted under Section 302 I.P.C, to suffer life imprisonment along with fine of Rs.2,000/-, failing which, he shall have to undergo further six months rigorous imprisonment, by judgment dated 29.07.2011 of the Sessions Judge, Sarguja (Ambikapur) in Sessions Trial No. 102 of 2008.

(2.) The prosecution case in Batouli P.S. Case No.06 of 2008 registered on 08.02.2008 at 10:00 am, penned by PW 11, Krishna Pandey, Inspector Batouli Police Station, and witnessed by PW 5, Hira Sai, marked as Exhibit P/8, is that on 07.02.2008 at about 10:00 pm, the body of the two deceased Nadhi Ram and Bhadwa Ram were lying on the ground near the house of PW. 5 with blood around them. He stayed Inside the house as it was late at night. In the morning, he called Ram Sunder (not examined) and PW 2, Sarvajeet and others. PW 2, Sarvajeet told him that the appellant had come to the latter's house at night and informed that he had killed the two deceased. PW 2, Sarvajeet, had kept the appellant at his house in the night. PW 10, Manmati Bai, wife of the appellant and PW 3, Bajri Bai, wife of the deceased Nadhi Ram had informed him that at night the two deceased had a fight with the appellant. The appellant had assaulted the two deceased with a half burnt wooden plank and also attempted to assault PW 3 and also his own wife, PW 10, Manmati Bai. The wooden plank with blood spots was seized and marked as Exhibit P/12 witnessed by PW 6, Rajnath.The shirt of the appellant with blood stains on the left sleeve was seized as also the finger nails of the appellant were cut, collected and were collectively marked Exhibit P/17. The FSL report with regard to the seized items confirming presence of blood on all of them was Exhibit P/14. The appellant was taken into custody on 08.02.2008 at 21:00 hrs, marked as Exhibit P/18.

(3.) The bodies of the two deceased were sent for postmortem on 09.02.2008, conducted at 10:00 am and 10:30 am respectively, by PW 1 Dr. Anupam Minj, who found following injuries on the person of the deceased:-