HEMANT KUMAR BAIGA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the Cr.P.C. is directed against the impugned judgment and order of sentence dtd. 22/5/2019 passed by Second Additional Sessions Judge, Surajpur, District Surajpur (C.G.). in S.T. No. 06/2019, whereby the appellant has been held guilty of commission of offence and sentenced as described below:-

(2.) The case of the prosecution, as unfolded from the impugned judgment and the records of the case, is that on the intervening night of 3/12/2018 at between 11pm-12am at village Badkapara, Surajpur, someone with an intention of killing Lal Sai Bargah assaulted on his head with an iron axe "tangi". Thereafter, a morgue intimation was lodged in the police of Police Station Surajpur by Ambika Prasad Bargah, in which it was alleged that on 4/12/2018 at about 6:00 a.m. one Golu Rajwade of his vicinity informed him that the body of his father was lying nearby the house of the appellant and thereafter, an F.I.R. was lodged against the unknown person vide crime no. 490/18 by the complainant Ambika Prasad Baiga and the case was taken up for investigation. Subsequently, the police investigated the matter and on the basis of memorandum statement the police arrested the appellant for the commission of the alleged offence. Thereafter, the matter was reported to the police of Police Station Surajpur, District Surajpur (C.G.) and they have registered the offence punishable under Sec. 302 of IPC against the unknown person.

(3.) After completion of due and necessary investigation, charge-sheet was led before the learned Chief Judicial Magistrate, Surajpur, District Surajpur (C.G.) who, in turn, committed the case for trial. On the basis of the material contained in the charge-sheet, learned trial Court framed charges against the appellant for alleged commission of offence under Ss. 302 of IPC. The appellant having abjured guilt was subjected to trial.