BRIJ KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 17-3-2011 passed by the 3rd Additional Sessions Judge, (FTC), Raigarh in ST No. 133/2010 convicting the accused/appellant under Section 302 of the Indian Penal Code (in brevity 'IPC') and sentencing him to undergo imprisonment for life.

(2.) As per case of the prosecution, deceased Hariram is father of the accused/appellant. It is alleged that on account of partition dispute, accused/ appellant was annoyed with his father. On 7-8-2010 at about 9.30 p.m. the deceased was sleeping with his wife P.W. 6 Sadhmati Rathiya in varanda. P.W. 1 Hemlal Rathiya i.e. step brother of accused and son of the deceased was sleeping with his wife P.W. 9 Smt. Kavita Rathiya in a separate room. On hearing cry of P.W. 6 Sadhmati, mother, P.W. 1 Hemlal and P.W. 9 Kavita and other family members reached to the place where the deceased was sleeping and saw Hariram dead, there were injuries over his neck, blood was oozing and the accused/appellant was standing nearby holding an axe. There was blood in the axe. On 8-8-2010 at 2.30 am, P.W. 1 Hemlal reached to Police Station Punjipathra, lodged the FIR vide Ex. P-1 and also lodged merg intimation vide Ex. P-2. Police after notice to the witnesses conducted inquest vide Ex. P-5. The dead body was sent for post mortem. P.W. 11 Dr. Vijay Kumar Lakra noticed following injuries vide Ex. P-18-A on the body of the deceased :

(3.) After due investigation, charge sheet was filed against the accused/ appellant under Section 302, IPC followed by framing of charge under the same section.