LODHI Vs. STATE OF C.G.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction & order of sentence dated 13.02.2012 passed by the Sessions Judge, Janjgir, District - Janjgir-Champa in Sessions Trial No.87/2010 whereby and whereunder the trial Court, after holding the appellant guilty for causing homicidal death amounting to murder of Laxminbai and for voluntarily causing hurt to Ashwani Kumar, convicted the appellant under Section 302 and 323 of the Indian Penal Code (for short, 'the IPC) and sentenced him to undergo imprisonment for life & fine of Rs.500/-, in default, additional R.I. for two months and R.I. for one month respectively.

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

(3.) As per case of prosecution, on fateful day of 02.04.2010 at about 12.00 noon complainant Ashwani Kumar (PW-2) and his wife Laxminbai (deceased) were working together with family members at brick-kiln, at that time one Dhaniram came to there with accused / appellant Kuldeep for negotiation of marriage with daughter of Guharam. Ashwani Kumar (PW-2) replied that he will discuss with his father on this matter, thereafter at about 4.00 p.m., accused came and with the help of spade caused fatal injury to Laxminbai, as a result of which, Laxminbai succumbed to the injury on the spot. Accused has also caused injury to Ashwani Kumar. Incident was witnessed by Poonaram (PW-4) and Tankeshwar (PW-5). Ashwani Kumar (PW-2) went to police station, Janjgir and lodged Dehati Nalishi vide Ex.P-3. Dehati merg intimation was lodged vide Ex.P-2, FIR was registered vide Ex.P-12 and merg intimation was recorded vide Ex.P-13. The Investigating Officer left for scene of occurrence and after summoning the witnesses vide Ex.P-4, inquest over the dead body of the deceased was prepared vide Ex.P-7. Spot map was prepared vide Ex.P-5. Bloodstained soil, plain soil and broken bangles were seized from the spot vide Ex.P-10. Dead body of the deceased was sent for autopsy to Government District Hospital, Janjgir vide Ex.P-15. Dr. A.K. Jagat (PW-9) conducted autopsy vide Ex.P-17 and found following injuries and symptoms :-