TULSIRAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction & order of sentence dated 28.02.2011, passed by the Additional Sessions Judge Bemetara, District Durg, in Sessions Trial No. 33/2010 whereby & whereunder learned Additional Sessions Judge, after holding the appellant guilty for causing homicidal death amounting to murder of Raju Khan, convicted the appellant under section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay fine of Rs. 500/- in default, additional Rl for one month.

(2.) Judgment is impugned on the ground that without there being credible evidence to connect the appellant in the crime in question, the Court below has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

(3.) As per case of the prosecution, on the fateful day of 14.06.2010 at about 11AM the appellant assaulted Wahida (PW-11) and Sayra Bai (PW-12). Sayra Bai (PW-12) complained the matter to his husband Raju Khan (deceased) who went to the shop of appellant and asked why he has assaulted his wife and sister-in law and during altercation, appellant assaulted Raju Khan over his head by the iron rod due to which Raju Khan suffered injuries and became unconscious. Complainant Sayra Bai (PW-12) along with Wahida (PW-11) and Raju Khan came to his house where at about 3 AM, Raju Khan succumbed to injuries sustained by him. Sayra Bai (PW-12) went to Police Station, Bemetara and lodged FIR vide Ex. P/18. Merg Intimation was recorded vide Ex.P/19. The Investigating Officer proceeded for the scene of occurrence and after summoning the witnesses, inquest over the dead body of deceased Raju Khan was prepared vide Ex. P/2. Dead body of the deceased was sent for autopsy to Community Health Centre, Bemetara vide Ex. P/20. Autopsy was conducted by Dr. M. Devdhar (PW-8) vide Ex.P/9 and following injuries were found:-