MOUSU ALIAS BIRSINGH Vs. STATE OF C G

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 15.06.2006 passed by Sessions Judge, Bastar at Jagdalpur (C.G.) in S.T. No. 161/2008 whereby & whereunder after holding the appellant guilty for causing homicidal death of deceased Daumuram, amounting to murder, convicted him under Section 302 of the IPC and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 200/- in default to undergo additional R.I. for two months. Conviction is impugned on the ground that without being 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 morning of 24.09.2008 at about 5.30 a.m. unfortunate deceased Daumuram was present along with Nadgu (PW-1), they were enjoying the fire, the appellant came and asked deceased Daumuram, why he used to quarrel with his family members and thereafter he assaulted him by axe over his head which resulted into his instantaneous death. After causing homicidal death of Daumuram, the appellant fled from the spot leaving axe (Tangia). Nadgu (PW-1) informed the relatives of the deceased and went to police Station- Frazerpur and lodged FIR vide (Ex. P-12). Merg was recorded vide (Ex. P-2). The Investigating Officer left for scene of occurrence and after summoning the witnesses vide (Ex. P-9), inquest over the dead body of the deceased was prepared vide (Ex. P-10). Blood-stained soil and plain soil were recovered from the spot vide (Ex. P-3). Dead body was sent for autopsy to the Primary Health Centre, Nangur, where Dr. J.L. Dariyan (PW-6) conducted autopsy vide (Ex. P-6) and noticed following injuries:--

(3.) After completion of investigation, charge sheet was filed before the Chief Judicial Magistrate, Jagdalpur, who, in turn, committed the case to the Bastar. In order to prove guilt of the appellant, the prosecution had examined as many as seven 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.