SUKHRAM NISHAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 22.9.2010 passed by Sessions Judge, Raipur in S.T.No.40/2010 convicting the accused/appellant under Section 302 of IPC and sentencing him to undergo imprisonment for life, to pay a fine of Rs.500/- and in default thereof to undergo one month additional R.I.

(2.) As per the prosecution case, on 5.9.2009 at about 10 pm on account of land dispute the accused/appellant killed his uncle Bodhan Nishad by causing spade injury on his head and other parts of the body. Immediately after the incident on 6.9.2009 at 00.50 am FIR (Ex.P/2) was lodged by Balram Nishad, nephew of the deceased, against the appellant under Section 302 of IPC. Merg intimation Ex.P/1 was also registered on the same day at 00.55 am. Inquest over the body of the deceased was performed on 6.9.2009 and thereafter, the dead body was sent for postmortem which was conducted by PW-8 Dr. Ullas Gonnade vide Ex.P/10 wherein he noticed lacerated wounds on head and lateral aspect of eye, including fracture and opined that the cause of death was haemorrhage and shock as a result of head injury. He had also examined the weapon of offence spade sent by the police vide Ex.P/11 and opined that the injuries suffered by the deceased could be caused by the said weapon. After completion of investigation charge sheet was filed against the appellant under Section 302 of IPC and accordingly charge was framed.

(3.) So as to hold the accused/appellant guilty, the prosecution examined as many as 9 witnesses. Statement of the accused 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.