BHUNESHWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 26-4-2013 passed by the 2nd Additional Sessions Judge, Raigarh in Sessions Trial No. 163/2010, whereby and whereunder the trial Court has convicted the appellant under Section 302 of the Indian Penal Code (for short, "the IPC") for causing homicidal death amounting to murder of Ramnath and sentenced him to undergo imprisonment for life & fine of Rs. 2,000/-, in default, additional R.I. for six months.

(2.) Conviction is impugned on the ground that without there being an iota of evidence, the trial Court has convicted & sentenced the appellant as aforementioned and thereby committed illegality.

(3.) As per case of prosecution, on fateful day of 9-3-2010 at about 5.30 p.m., complainant Bhagatram (P.W. 2), Asanram (P.W. 8), Matbal (P.W. 3) and deceased Ramnath went to the house of the appellant for settling the marriage of the appellant since he kept Somari as his wife without marriage. Appellant's wife made arrangements of dinner. After dinner Asanram (P.W. 8) returned to his village and deceased Ramnath, Bhagtram (P.W. 2) and the appellant were having dinner. During dinner, deceased Ramnath demanded liquor and appellant ignored the demand of the deceased. Enraged this, deceased kicked the dinner plate and also kicked the appellant. On seeing this appellant got annoyed and assaulted the deceased by pump and thereafter by axe on his head. After the incident, the appellant fled away from the place of incident. Sarpanch of village Jejaipur informed the police about the murder of Ramnath by his mobile. Thereafter, police lodged FIR against the appellant and also registered the case against the appellant under Section 302 of the IPC.