MAST RAM NISHAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of judgment and order dated 23-10-2010 passed by the Sessions Judge, Dhamtari in S.T. No. 19/2010 convicting the accused appellant under Sections 302, 324, 326 (on two counts) of the IPC and Section 27 of the Arms Act and sentencing him to undergo life imprisonment with fine of Rs. 2,000/-under Section 302, IPC, rigorous imprisonment for 3 years with fine of Rs. 500/- under Section 324, IPC, rigorous imprisonment for 7 years with fine of Rs. 1,000/- under Section 326, IPC and RI for 7 years with fine of Rs. 1,000/- under Section 27, Arms Act plus default stipulations. All the substantive sentences are directed to run concurrently.

(2.) As per prosecution case, on 9-5-2007 after committing murder of his wife Chhaya Bai, accused appellant also caused injuries to P.W. 1 Pawan Singh Nishad, P.W. 6 Nogendra Kumar and P.W. 8 Khilendra Kumar. Incident was witnessed by P.W. 1 Pawan Kumar Singh, P.W. 2 Ramadhin Nishad, P.W. 5 Leelaram Nishad, P.W. 6 Nogendra Kumar and P.W. 7 Ramesh Yadav. Immediately after incident, merg intimation Ex. P-1 was recorded at the instance of P.W. 1 Pawan Singh Nishad and thereafter FIR was also registered vide Ex. P-3 against accused appellant under Sections 302, 307, IPC and under Section 25 and 27 of the Arms Act. P.W. 8 Injured Khilendra Kumar (P.W. 9) was medically examined vide Ex. P-20 whereas injured Pawan Singh Nishad (P.W. 1) was examined vide Ex. P-13. Post mortem over the dead body of deceased was conducted vide Ex. P-10 on 9-5-2007 by P.W. 3 Dr. Smt. Abha Hinikar. According to her, cause of death was asphyxia caused by undue pressure over the neck obstructing the air passages, death was homicidal in nature. After committing offence, accused appellant absconded. He was arrested on 20-2-2010. Charges under Sections 302 and 307 (on two counts), IPC, Sections 25 and 27 of the Arms Act were framed against accused appellant.

(3.) In order to establish guilt of the accused/appellant, prosecution has examined 12 witnesses. Statement of the accused / appellant was recorded under Section 313 of the Cr.P.C. in which he denied the charges levelled against him and pleaded innocence and false implication in the case.