BAISAKHU RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal filed by the appellant-accused, under Sec. 374(2) of Cr.P.C., is directed against the impugned judgment of conviction and order of sentence dtd. 30/11/2016, passed by learned Additional Sessions Judge, Katghora, District- Korba (C.G.) in Sessions Trial No. 61/2015, whereby the appellant has been convicted for offence punishable under Sec. 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.5000.00 and, in default of payment of fine, to further undergo additional imprisonment for three months.

(2.) The case of the prosecution, in brief, is that on 20/4/2015 at about 5:00 pm., in village Ramakachhar, Karranarwa, Police Station ' Pali, District- Korba, the appellant assaulted his father-in-law, Itwar Singh (now deceased) by means of stone, by which he suffered grievous injuries and died, thereby, committed the offence under Sec. 302 of IPC.

(3.) The further case of the prosecution, in a nutshell, is that on the date of offence i.e. 20/4/2015 at about 5:00 pm, the appellant/accused called his father-in-law, Itwar Singh (now deceased) to his house, both consumed liquor together and thereafter the appellant took the deceased to Aamwadi and assaulted by means of stone and wooden stick, on account of previous enmity, due to which he (deceased) suffered grievous injuries and died on the spot. This incident was witnessed by Itwaribai (PW-03), wife of the deceased and reported the matter to the police. Merg intimation was registered vide Ex.P/14 and FIR was registered vide Ex.P/18 against the appellant-accused. Inquest proceedings were conducted vide Ex.P/02. The dead-body of deceased was sent for postmortem examination and in the postmortem examination report (Ex.P/10), Dr. Gyanendra (PW-08) opined that the cause of death is shock and haemorrhage as a result of cranial-facial injury. Thereafter, appellant-accused was arrested vide Ex.P/06 and his memorandum statement was recorded (Ex.P/05) pursuant to which, seizure of blood stained stone and wooden stick were made vide Ex.P/06 and sent for chemical examination to FSL, but FSL report has not been exhibited for the reasons best known to the prosecution.