MANGDURAM JURI 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. 25/10/2016 passed by the learned Additional Sessions Judge, Special Court (Naxal), Dantewada, District South Bastar Dantewada in Sessions Trial No.87/2015, by which, he has been convicted and sentenced as under:- <FRM>JUDGEMENT_85_LAWS(CHH)1_2024_1.html</FRM>

(2.) The case of the prosecution, in short, is that on 19/3/2015 at about 08.30 AM in the morning at Village Chhote Tumnar, Litipara, Thana Geedam, District South Bastar Dantewada, the appellant herein has assaulted his uncle-Guddi by knife, as a result of which, he suffered grievous injuries and died and thereby committed the offence. After that, Rampal, PW-1, reported the matter to Police Station Geedam, District Dantewada and then, the FIR was registered on 19/3/2015 vide Ex.P-1 against the appellant herein, pursuant to which, offence under Sec. 302 of IPC was registered and the wheels of investigation started running. Thereafter, inquest was conducted vide Ex.P-7. Morgue intimation was recorded vide Ex.P-2. Dead body of the deceased-Guddi was subjected to postmortem, which was conducted by Dr. V. S. Thakur, PW-7 and his report is Ex.P-13 and cause of death was excessive hemorrhagic shock and cardio-respiratory arrest and it was stated to be homicidal in nature. The jurisdictional police carried out the investigation and charge-sheeted the appellant herein under Sec. 302 of IPC before the Court of Chief Judicial Magistrate, Dantewada, 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 8 witnesses and exhibited 14 documents Ex.P-1 to P-14. 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.