SHIVNATH GOND 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. 29/4/2015, passed by learned Additional Sessions Judge, Pratappur, District - Surajpur (C.G.) in Sessions Trial No. 03/2015, whereby the appellant has been convicted as under:- <FRM>JUDGEMENT_32_LAWS(CHH)3_2024_1.html</FRM>

(2.) The case of the prosecution, in short, is that on 6/12/2014 at about 05:00 pm in Village-Runiyapara Bhediya, Police Station- Chandaura, District ' Surajpur, the appellant assaulted his grandmother-in-law, namely, Fulmet Bai (now deceased), by means of wooden peedha, by which she suffered grieves injuries and died and, further, in order to screen himself from the legal punishment, tried to hide the evidence and, thereby, committed the offence under Ss. 302 and 201 of IPC.

(3.) Further, the case of the prosecution, in a nutshell, is that the complainant Murari Kashi (PW-04), R/o Village-Aamapara Bhediya, Police Station- Chandaura, District-Surajpur (C.G.) lodged a report that on 7/12/2014 at about 08:00 a.m. one of the resident of his village, namely, Ghuran (PW-05) informed him that Fulmet Bai (deceased), grandmother-in-law of the appellant lying dead on the floor due to stomach pain. Thereafter, they went to the house of the appellant where they saw Fulmet Bai (deceased) lying dead on the bed in the porch of the house and blood was oozing out from the head of the deceased. Thereafter they went to the police station along with the appellant. The complainant Murari (PW-04) stated in the police station that prior to one day of the incident i.e. 6/12/2014 in the afternoon at about 02:30 p.m. Fulmet Bai (deceased) met him and told him that she will unable to reside in her house because appellant quarreling with her and threatened to kill her. He also stated that prior to the incident, Fulmet Bai (deceased) resided in his house because of family enmity. Based on which merg intimation was registered (Ex.P/08). Thereafter FIR was registered (Ex.P/09). Panchnama was conducted (Ex.P/07). Inquest was conducted (Ex.P/03) and the dead body of the deceased was sent for postmortem examination, which was conducted by Dr. Narendra Pratap Singh (PW-10), wherein it has been opined that the cause of death of the deceased is neurogenic shock due to head injury and the nature of death is homicidal. The appellant/accused was arrested (Ex. P/13). Memorandum statement of the appellant was recorded (Ex.P/04), pursuant to which, blood-stained wooden pedha and blood-stained clothes were seized vide Ex.P/06 and Ex.P/05 respectively which were sent to FSL for chemical examination. Though the FSL report dtd. 11/3/2015 has been brought on record but the same has not been exhibited. After due investigation, the appellant was charge-sheeted for the aforesaid offences before the jurisdictional criminal court and the case was ultimately committed to the Court of Sessions for trial and its disposal in accordance with law, in which the appellant abjured his guilt and entered into defence stating that he has not committed any offence and he has been falsely implicated.