ASHOK KENVAT Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 11.01.2012 passed by the Additional Sessions Judge, Link Court Dongargarh, District Rajnandgaon, in S.T.No.14/2010 convicting the accused/appellant under Section 302 of IPC and sentencing him to undergo imprisonment for life and pay fine of Rs.300/- with default stipulation.

(2.) As per the prosecution case, on 19.08.2010 at about 12 noon the accused/appellant asked his son Bhola Kenvat (deceased) to go for begging and on his refusal, he pressed his neck by putting leg which ultimately resulted in his death. Thereafter the appellant buried the body of deceased in his courtyard itself and to conceal his act, the place of burial was cemented by him. As the deceased remained unseen in the village for few days, the villagers grew a suspicion in their mind that he (deceased) might have been killed by someone. On coming to know about the body being buried in the courtyard of the accused/appellant itself, the police took permission from the Executive Magistrate vide Ex.P/16 to exhume the same. On being exhumed, the body was identified to be that of the deceased and then unnumbered merg Ex.P/20 was recorded on 21.08.2010. Numbered merg Ex.P/21 was also recorded followed by FIR Ex.P/22 registered on 21.08.2010 against the appellant under Sections 302 and 201 of the IPC. Postmortem on the body of deceased was conducted on 21.08.2010 by PW-15 Dr. S. Shrivastava vide Ex.P/17. After investigation, charge sheet was filed against the accused/appellant under Sections 302 and 201 of IPC and charges were also framed accordingly.

(3.) So as to hold the accused/appellant guilty, the prosecution examined as many as 17 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. Appellant has also examined one defence witness.