BISHAT BANJARE 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. 15/1/2014 passed by the learned First Additional Sessions Judge, Baloda Bazar, District Baloda Bazar in Sessions Trial No.54/2013, by which, he has been convicted and sentenced as under:- <FRM>JUDGEMENT_90_LAWS(CHH)1_2024_1.html</FRM>

(2.) The case of the prosecution, in short, is that on 8/4/2012 at about 4 PM, in the evening, at Village Gadakusmi, Thana Palari, District Baloda Bazar, the appellant herein has assaulted his son-in-law-Pawan Chelak with the help of pick-axe, by which, he suffered grievous injuries and he was taken to the Bhimrao Ambedkar Hospital at Raipur and during the course of treatment on 9/4/2012, he died. Lalita Chelak, PW-10, wife of the deceased-Pawan Chelak, reported the matter to the Police Station Palari, District Baloda Bazar and lodged First Information Report vide Ex.P-10 against the appellant herein, pursuant to which, offence under Sec. 307 of IPC was registered and the wheels of investigation started running. Thereafter, inquest was conducted vide Ex.P-6, morgue intimation was recorded vide Ex.P-12 and pursuant to the memorandum statement of the appellant herein vide Ex.P-1, pick-axe and half shirt (safari) were seized vide Ex.P-2 and the said articles were sent to the Forensic Science Laboratory for examination vide Ex.P-18, but, no FSL report has been brought on record. The dead body of the deceased-Pawan Chelak was subjected to postmortem, which was conducted by Dr. S. K. Bagh, (PW-8) and his report is Ex.P-9 and cause of death was cardio-respiratory failure on account of head injury. The jurisdictional police carried out the investigation and charge-sheeted the appellant herein under Sec. 302 of IPC before the Court of Judicial Magistrate First Class, Baloda Bazar, 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 10 witnesses and exhibited 19 documents Ex.P-1 to P-19. 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.