SANDEEP KUMAR PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Invoking criminal appellate jurisdiction of this Court, the present criminal appeal under Sec. 374(2) of CrPC has been filed by the appellant herein calling in question the legality, validity and correctness of the judgment of conviction and order of sentence dtd. 5/7/2019 passed by the Sessions Judge, Korba, District Korba, Chhattisgarh in Sessions Trial No.13/2019 whereby the appellant has been convicted for offence punishable under Sec. 302 of the IPC and sentenced to undergo imprisonment for life and pay fine of Rs.2,000.00; in default of payment of fine to undergo additional rigorous imprisonment 3 months.

(2.) Case of the prosecution, in nutshell, is that on 18/10/2018 at about 9:30 pm at S.B.S. Colony Gayatri Nagar Korba Chowki Manikpur Thana Kotwali Korba, District Korba Chhattisgarh, appellant assaulted his father Premlal Patel (now deceased) by wooden planks and also strangulated him to death. Thereafter, appellant himself registered the Roznamchasanha. Ganeshi Patel (PW-2), mother of the appellant and wife of the deceased, registered zero merg (Ex.P/9) and Dehati nalsi (Ex.P/10), thereafter, numbered merg and FIR were registered vide Exs. P/24 and P/25, respectively. Inquest proceedings (Ex.P/8) were conducted and the dead body of the deceased was sent for postmortem. As per postmortem report (Ex.P/14) proved by Dr. O.S. Kanwar (PW-4) cause of death was shock due to spleen rupture and homicidal in nature. Pursuant to memorandum statement of the appellant (Ex.P/1) wooden plank and wire have been seized vide Ex.P/2. Seized articles were sent for chemical analysis to FSL and as per FSL report (Ex.P/23) on the weapons of offence i.e. wooden planks (Articles A1 and A2) and wire (Article B), clothes of the appellant (Articles C and D) and clothes of the deceased (Articles G1 and G2) human blood was found.

(3.) After due investigation, appellant was charge-sheeted for the aforesaid offence and the case was committed to the Court of Sessions for trial in accordance with law. The appellant / accused abjured his guilt and entered into defence.