GOPI KISHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant under Sec. 374(2) of Cr.P.C. is directed against the impugned judgment dtd. 23/8/2017 passed by learned Sessions Judge, Balodabazar, in Sessions Trial No.68/2016, by which, the appellant herein has been convicted for offence under Ss. 302 of Indian Penal Code and sentenced to undergo life imprisonment and fine of Rs.100.00, in default of payment of fine, 1 year additional imprisonment.

(2.) Case of the prosecution, in short, is that on 24/9/2016, at about 5:20 p.m., at village Amlidih, the appellant herein assaulted Manoj Kumari (now deceased) by hammer (ghan), by which, she suffered grievous injuries and died; thereby offence has been committed. On being informed, father of the deceased Prahlad (PW-1) reported the matter to the police, pursuant to which, merg intimation was registered vide Ex.P-1, FIR was registered vide Ex.P-2, inquest was conducted vide Ex.P-5 and dead body of deceased Manoj Kumari was subjected to post-mortem, which was conducted by Dr. A.L.Banjare (PW-6), who proved the post-mortem report Ex.P-17, according to which, cause of death was stated to be shock due to excessive bleeding from brain and death was homicidal in nature. Pursuant to memorandum statement of the appellant Ex.P-11, hammer was seized vide Ex.P-12, which was sent for chemical analysis to FSL and as per the FSL report (Ex.P-32), blood was found on the seized hammer. After due investigation, the appellant was charge-sheeted for the aforesaid offence to the jurisdictional criminal court and the case was ultimately committed to the Court of Sessions for hearing and disposal in accordance with law, in which the appellant abjured his guilt and entered into defence stating that he has not committed any offence and he has been falsely implicated.

(3.) In order to bring home the offence, prosecution examined as many as 11 witnesses and exhibited 33 documents and the appellant-accused in support of his defence has neither examined any witness nor exhibited any document.