LAXMAN SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present appeal is against the judgment of conviction and order of sentence dtd. 13/12/2019 passed in Sessions Trial No.123/2018 by the Additional Sessions Judge, Second Fast Track Special Court (POCSO Act), Durg, whereby the appellant has been convicted under Sec. 302 of the Indian Penal Code (for short 'the IPC') and sentenced him to undergo life imprisonment with usual default stipulations.

(2.) Filtering the unnecessary details, the prosecution case is that PW-7 Kamdev Kosle made an oral report at police station Amlidih that on 7/5/2018 the accused came to his house; stated that he has assaulted his wife namely; Gouri Bai (since deceased); she was lying on the floor; and he does not know whether she was alive or dead. The accused asked PW-7 Kamdev Kosle to take him to police station. Subsequently, said PW-7 Kamdev Kosle along with one Hemant Dahre went to the house of accused and saw that his wife was lying on the floor in a pool of blood with severe injuries. The wall and floor were also having bloodstains. The said oral report of PW-7 Kamdev was recorded in the rojnamacha sanha; thereafter dehati merg was registered; and after the inquest, the dead body was sent for postmortem. Memorandum of the accused was recorded and the weapon used i.e. wooden handle of Pickaxe (?????) was recovered and after recording the statements of witnesses charge sheet was filed.

(3.) After due investigation, the appellant was charge sheeted before the jurisdictional criminal Court and charge sheet was filed against the appellant under Sec. 302 of the IPC. Thereafter, the case was committed to the Court of Sessions from where the learned Additional Sessions Judge, Second Fast Track Special Court (POCSO Act), Durg, received the case on transfer for trial.