JEEVAN YADAV Vs. STATE OF C.G.

JUDGEMENT

(1.) Invoking criminal appellate jurisdiction of this Court under Sec. 374(2) of the Code of Criminal Procedure, 1973 (in short 'CrPC'), the present criminal appeal has been preferred by the appellant, Jeevan Yadav, calling in question the legality, validity and correctness of the judgment & order dtd. 10/1/2018 passed by learned First Additional Sessions Judge, Raigarh (in short 'Trial Court') in Sessions Case No.97 of 2017, by which the appellant has been convicted for the offences punishable under Ss. 450 and 302 of the Indian Penal Code, 1860 (in short 'IPC') and sentenced as under:-

(2.) Factual matrix of the case, in brief, is that the appellant, in the intervening of 21/22/5/2017, is said to have committed house-trespass by entering into the hut/makeshift shop of Nilesh Jaiswal situated at the footpath in front of Shyam Petrol Pump on the Laxmipur main road under the jurisdiction of Police Station City Kotwali, Raigarh and caused murder of Nilesh Jaiswal by a sharp edged weapon, thereby committed the aforesaid offences.

(3.) According to the prosecution case, Nilesh Jaiswal (deceased), used to reside at Turipara, Raigarh along his brother Sunil Jaiswal (PW-6) and their family and they used to sell vegetables and fruits in the said shop. On 21/5/2017, at about 9:30 pm, Nilesh Jaiswal had left his shop for having meal at his house and returned to the shop at about 10:00 pm to stay there in the night and thereafter his brother Sunil Jaiswal (PW-6) is said to have left for the house for having meal. In the same night, their guest, Bhupendra Singh (PW-15), was also sleeping in the place adjoining to the said shop. It is further case of the prosecution that in the morning at about 4:50 am, when Sunil Jaiswal (PW-6) returned to the shop, he found his brother, Nilesh Jaiswal, seriously injured with multiple injuries on his face, head and left hand. He escorted Nilesh Jaiswal to the hospital where after some time he succumbed to the injuries. As per the prosecution case, the appellant had entered into the shop of Nilesh Jaiswal in the night and on account a previous enmity, he assaulted Nilesh Jaiswal with a sharp edged weapon which is used to cut coconut, on account of which Nilesh Jaiswal sustained grievous injuries and died.