FULCHAND MARKAM 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 Sessions 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 ? 200/-, in default of payment of fine to further undergo additional imprisonment for three months.

(2.) Case of the prosecution, in short, is that on 8/6/2015 at about 08:00 p.m., at Kachharpara, Village Hatma, Police Station Vishrampuri, District Kondagaon, the appellant assaulted his uncle Tularam Markam by inflicting injuries on his head by way of a burnt wooden stick by which he suffered grievous injuries and died. The incident was witnessed by Smt. Manai Bai (PW-2) ' neighbour and Khemeshwari (PW-5) ' wife of deceased Tularam Markam. The matter was reported to the police by Khemeshwari (PW-5) and FIR was registered vide Ex.P-8 and morgue was lodged vide Ex.P-9. Spot map was prepared by the Patwari vide Ex.P-11 and the investigating officer also prepared spot map vide Ex.P-10 in the form of Crime Details Form and wheels of investigation started running. Inquest on the dead body of the deceased was conducted vide Ex.P-15. On the recommendation of panchas, the dead body was subjected to postmortem which was conducted by Dr. S.N. Dhruv (PW-3) vide postmortem report Ex.P-2 in which cause of death was stated to be coma and shock due to injury (excessive bleeding and haematoma) and nature of death to be homicidal. The accused was taken into custody vide Ex.P-7 and his memorandum statement was recorded vide Ex.P-4 pursuant to which burnt wooden stick was seized from him vide Ex.P-6. Seized articles were sent for chemical analysis to the FSL, Jagdalpur, from where reports Exs.P-22 and P-23 were received according to which no blood was found on the weapon of offence burnt wooden stick, however, blood was found on the clothes of the deceased.

(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, Kondagaon, where trial was conducted.