KESHAV AGARIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the CrPC preferred by the appellant-accused herein is directed against the impugned judgment of conviction and order of sentence dtd. 9/4/2015 passed by the Sessions Judge, Raigarh, Chhattisgarh in Sessions Trial No.27/2015, by which, the appellant herein has been convicted for offence punishable under Sec. 302 of the IPC and sentenced to undergo imprisonment for life and further sentenced to pay fine of Rs.5000.00; in default of payment of fine to further undergo additional rigorous imprisonment for 2 years.

(2.) Case of the prosecution, in brief, is that in the intervening night of 30th and 31st of October, 2014 at village Kasdol, Police Station, Tamnar, District Raigarh (CG) in Passengers' Waiting Hall (Yatri Pratikshalaya), named as, 'Kashiram Chabutara', the appellant herein has assaulted Bittu Ram Sidar by wooden stick, due to which, he suffered grievous injuries and died and thereby, committed the said offence.

(3.) The further case of the prosecution is that in the intervening night of 30th and 31st of October, 2014, at village Kasdol in Passengers' Waiting Hall (Yatri Pratikshalaya), namely, Kashiram Chabutara, the appellant herein assaulted Bittu Ram Sidar (since deceased) by wooden stick, due to which, he suffered grievous injuries and died and thereafter, in order to screen himself, poured kerosene oil and with the help of matchstick, burnt the dead body of the deceased. Thereafter, the matter was reported to Police by complainant-Lacchinder Rathiya (PW-1) and First Information Report was lodged vide Ex. P-1, on the basis of which, Merg intimation was recorded vide Ex.P-2. Inquest on the dead body of the deceased was prepared vide Ex. P-3 and the dead body was subjected to postmortem, which was conducted by Dr. Rajendra Patel (PW-8) and he gave postmortem report (Ex. P-10), in which, he opined that the cause of death was syncope due to head injury and asphyxia due to burn and the death was homicidal in nature. On the basis of memorandum of the accused (Ex.P-6), wooden stick was seized vide Ex.P-7. Shirt of the appellant and other articles were seized vide Ex. P-5. Seized articles were sent for chemical examination to the Forensic Science Laboratory, Raipur vide Ex. P13, but the FSL report has not been brought on record.