A Vs. STATE OF C.G.

JUDGEMENT

(1.) Challenge in this appeal, filed under Sec. 374(2) of the Criminal Procedure Code, 1973 (for short, the Cr.P.C) is to the judgment of conviction and order of sentence dtd. 17/8/2022 passed by the learned Special Juvenile Court (FTC) Korba, District Korba, in Sessions Trial No. 1/2021,whereby the appellant has been convicted for the offence under Sec. 302 of the Indian Penal Code (for short, the IPC) and sentenced to undergo simple imprisonment for 10 years with fine of Rs.100.00, and in default of payment of fine, to undergo further simple imprisonment for one month.

(2.) Today, the matter is listed for hearing on IA No. 1, application under Sec. 389 of the Cr.P.C. for suspension of sentence and grant of bail to the appellant, however, with the consent of learned counsel for the parties, the matter is heard finally.

(3.) The case of the prosecution, in brief, is that on 11/6/2019, after having dinner at 8:00 p.m., the complainant Mela Ram Kanwar (PW-1) was sleeping in the courtyard of his house with his wife Sukrita Bai (PW-2) and daughters Ranu Kanwar (hereinafter referred to as 'the deceased') and Anasuiya Kanwar. At around 10:00 p.m., the appellant/child in conflict with the law (hereinafter referred to as 'the appellant) who is the son of Mela Ram Kanwar (PW-1), returned home after roaming in the village and woke up the deceased, who is the sister of the appellant, and asked her to give him food. The deceased angrily scolded the appellant and gave her the food. After having the meals, the deceased scolded the appellant and gave her two slaps. On this, the appellant became so angry that he picked up the axe kept nearby and gave two blows on the head because of which the deceased fell on the ground and died. By this time, the complainant had woken up. The said incident was informed by the complainant to his wife and other neighbours. Since it was late at night and there was no means for travelling, the First Information Report was lodged on 12/6/2019. Crime was registered on the report and investigation was started.