JIVAN SINGH GOND 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. 17/4/2013 passed by the learned Additional Sessions Judge, Pendra Road, District Bilaspur in Sessions Trial No.21/2012, by which, he has been convicted and sentenced as under:-

(2.) The case of the prosecution, in short, is that on 28/12/2011 at about 3 PM at Village Zilda, Thana Pendra, District Bilaspur, the appellant herein has assaulted his father-Gangaram with the help of lathi and tangi, by which, he suffered grievous head injuries and he was taken to the hospital and during the course of treatment, he died. The appellant herein has made extra-judicial confession before Mahesh Kumar, PW-2, Dharam Singh, PW-3 and Brijbhan Singh, PW-5 that he has assaulted his father-Gangaram and thereafter, Brijbhan Singh, PW-5 called Village Kotwar-Ramprasad and reported the matter to Police Station Pendra, District Bilaspur and lodged First Information Report vide Ex.P-3 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-12. Morgue intimation was recorded vide Ex.P-2 and pursuant to the memorandum statement of the appellant herein vide Ex.P-8, lathi, tangi, Shirt and stole were seized vide Ex.P-9 and the said articles were sent to the Forensic Science Laboratory for examination. In the FSL report, blood was found on the lathi, tangi as also on the lungi and vest (baniyan) of the deceased. Dead body was subjected to postmortem and postmortem of the dead body of the deceased-Gangaram was conducted by Dr. Johan Singh Kanwar, PW-6 and his report is Ex.P-6 and cause of death was hemorrhagic shock on account of grievous head injury 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 Judicial Magistrate First Class, Pendra Road, who in turn, committed the case to the Court of Sessions Judge 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 11 witnesses and exhibited 18 documents Ex.P-1 to P-18. 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.