BABLOO @ IRSHAD Vs. STATE OF C G

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 30.4.2010 passed by the Additional Sessions Judge, Manendragarh, District Koria (CG) in S.T. No.106/2009 convicting the accused/appellant under Sections 302 & 201 of the Indian Penal Code (for short 'the IPC') and sentencing him to undergo R.I. for Life and fine of Rs.2,000/-, in default to undergo additional R.I. for 03 months and R.I. for 5 years & fine of Rs.2000/-, in default to undergo additional RI for 03 months respectively.

(2.) In the present case the name of deceased is Abdul Shabbir. As per prosecution case, Dharampal Singh, Sarpanch of village Bauridand, lodged FIR (Ex.P-2) on 28.5.2009 alleging therein that on that day in the morning hours he was informed by one Bharat Singh that dead body of a male is lying in his agricultural field. On receiving such information, he reached there and saw that a dead body with injury on head is lying in the field. Based on this report, offence under Section 302 of the IPC was registered against unknown person. Merg Intimation (Ex.P-1) was also recorded at the instance of Dharampal Singh. The Investigating Officer after summoning the witnesses prepared inquest over the body of deceased Abdul Shabbir vide Ex.P-4. Dead body was sent for post mortem examination to the Community Health Centre, Manendragarh where Dr. P.S. Kurrey (PW-5) conducted post-mortem examination vide Ex.P-11 and noticed following injuries on the body of deceased;

(3.) After the investigation, challan was filed under Sections 302 & 201 of IPC followed by framing of charges accordingly. The prosecution in order to bring home the charges levelled against the accused/appellant examined 09 witnesses in all. Statement of the accused was recorded under Section 313 of Cr.P.C. in which he abjured his guilt and pleaded innocence & false implication.