JAGDEV RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the CrPC is directed against the impugned judgment of conviction recorded and sentence awarded by the learned Additional Judge by which the appellant has been convicted for offence under Sec. 302 of the IPC and sentenced to undergo imprisonment for life and pay fine of Rs.500.00, in default of payment of fine to further undergo additional rigorous imprisonment for one month.

(2.) Case of the prosecution, in short, is that on 12/2/2015 at 11.00 p.m., at Village Jiganiya, Police Station Kusmi, Distt. Balrampur-Ramanujganj, the appellant assaulted Pusnath (deceased) by axe by which he suffered grievous injuries and died. On the information of Jaduram (PW-3), morgue intimation Ex.P-9 was registered on the basis of which FIR Ex.P-10 was registered and spot map Ex.P-1 was prepared. Inquest was conducted vide Ex.P-3. On the recommendation of panchas, the dead body was subjected to postmortem which was conducted by Dr. T. Sai (PW-6) vide postmortem report Ex.P-11 in which cause of death was stated to be coma and external and internal haemorrhage due to head injury and nature of death is homicidal. Pursuant to the disclosure statement of the appellant Ex.P-4, axe was seized from his possession vide Ex.P-5, which was sent for chemical analysis to the FSL, but no FSL report has been brought on record.

(3.) Statements of the witnesses were recorded under Sec. 161 of the CrPC. After due investigation, the accused / appellant was charge-sheeted for offence under Sec. 302 of the IPC and charge-sheet was filed before the jurisdictional criminal court and the case was committed to the Court of Sessions, Surguja, from where the learned Additional Judge, Ramanujganj, received the case on transfer for conducting trial and hearing and disposal in accordance with law.