RADHESHYAM KURRE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant herein under Sec. 374(2) of the Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dtd. 24/8/2016 passed by the learned Second Additional Sessions Judge, Balod, District Balod in Sessions Trial No.107/2015, by which, he has been convicted and sentenced as under:- <FRM>JUDGEMENT_89_LAWS(CHH)1_2024_1.html</FRM>

(2.) The case of the prosecution, in short, is that during the period between 15/9/2015 at 05 PM and 16/9/2015 at 07 AM at Village Padkibhat, Thana Balod, District Balod, the appellant herein has assaulted his friend-Sewak Ram Yadav in his house by stone, as a result of which, he suffered grievous head injuries and died and thereafter, poured kerosene oil on the body of his friend-Sewak Ram Yadav and set him ablaze and buried the deadbody in his house and thereby committed the offence. Further case of the prosecution is that the deceased-Sewak Ram Yadav came to the house of the appellant herein as a guest and on 15/9/2015, the appellant herein and guest-Sewak Ram Yadav both consumed liquor in his house and in the influence of liquor, the guest-Sewak Ram Yadav had devil eye on the appellant's sister-Hirmotin Bai (PW-2), due to which, quarrel took place between them and after brief quarrel, the appellant is said to have assaulted his friend-Sewak Ram Yadav with the help of stone, by which, he suffered grievous injuries and died and in order to screen himself from the offence, the appellant burnt the deadbody of the deceased-Sewak Ram Yadav and buried the deadbody in his house. After that, Purushottam Yadav (PW-3), Sarpanch of the Village suspected missing of Sewak Ram Yadav and reported the matter to Police Station Balod and then, the deadbody was recovered and Dehati Nalishi was registered vide Ex.P-13 against the appellant herein, pursuant to which, offence under Ss. 302 and 201 of IPC was registered and the wheels of investigation started running. Thereafter, inquest was conducted vide Ex.P-5. Morgue intimation was recorded vide Ex.P-14 and pursuant to the memorandum statement of the appellant herein vide Ex.P-6, stone was seized vide Ex.P-9 and plain soil, bloodstained soil, pick-axe, Kerosene container and Matchstick box were also seized from the spot vide Ex.P-8 and the said articles were sent to the Forensic Science Laboratory for examination. In the FSL report, Ex.P-39, blood was found on the pick-axe. Dead body of the deceased-Sewak Ram Yadav was subjected to postmortem, which was conducted by Dr. K. G. Jogi, PW-7 and his report is Ex.P-17 and cause of death was hypovolemic shock on account of excessive bleeding through grievous head injury and it was stated to be homicidal in nature. The jurisdictional police carried out the investigation and charge-sheeted the appellant herein under Ss. 302 and 201 of IPC before the Court of Chief Judicial Magistrate, Balod, who in turn, committed the case to the Court of Sessions for trial and hearing in accordance with law. The appellant abjured the guilt and entered into defence by stating that he has not committed the offence and he has been falsely implicated in the offence in question.

(3.) In order to bring home the offence, the prosecution has examined as many as 11 witnesses and exhibited 42 documents Exs.P-1 to P-42. Statement of the appellant-accused was recorded under Sec. 313 of the Cr.P.C., wherein he denied guilt, however, he examined none in his defence.