MANGAL S/O. PANDRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 11.5.2010 passed by the Sessions Judge, Bastar at Jagdalpur in S.T.No.133/09 convicting the accused/appellant under Sections 302 of IPC and sentencing him to undergo imprisonment for life and to pay a fine of Rs.500/-, in default thereof to undergo additional RI for one month.

(2.) As per prosecution case, on account of some old dispute in the intervening night of 2nd/3rd October, 2009 the accused/appellant committed murder of deceased Samundsai while the deceased was sleeping in the nearby house of the appellant, by causing two axe injuries on his head. Merg intimation Ex.P/8 was recorded on 3.10.2009 at 11.30 am at the instance of PW-3 Umashankar, grandson of the deceased. Based on that, FIR (Ex.P/7) was recorded on 3.10.2009 at 11.40 am at the instance of PW-3 Umashankar under Section 302 of IPC against unknown person. Inquest over the body of the deceased was conducted on 3.10.2009 vide Ex.P/15. Thereafter, postmortem was conducted on dead body on 3.10.2009 by Dr.C.L. Gavde (PW-2) vide Ex.P/2, according to which there was cut wound, fracture of the forehead, lacerated wound over occipital region and the cause of death was head injury and that the death was homicidal in nature. After investigation, charge sheet was filed under Section 302 of IPC and charge was framed against the accused/appellant accordingly.

(3.) So as to hold the accused/appellant guilty, the prosecution examined as many as 8 witnesses. Statement of the accused/appellant was also recorded under Section 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication.