SHYAM SUNDER GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dtd. 8/10/2007 passed by the 1 st Additional Sessions Judge (FTC), Ramanujganj in Sessions Trial No.461/06 convicting the accused/appellant under Sec. 302 of the Indian Penal Code, 1860 (for short 'the IPC') and sentencing him to undergo imprisonment for life and to pay fine of Rs.500.00, in default to undergo additional R.I. for 01 month.

(2.) Brief facts of the case are that there was old land related dispute between appellant and deceased namely Kamlawati Bai. On the date of incident when the accused and the deceased were working in the field, some dispute cropped up between them as a result of which the appellant committed murder of the deceased by causing her injuries by battleaxe. Merg Intimation (Ex.P-1) was recorded on 19/7/2006 at 8.00 a.m. at the instance of Ravindra Kumar (PW-2). On the same day at 8.05 p.m., FIR (Ex.P-2) was registered against the appellant for commission of offence punishable under Sec. 302 IPC. Inquest was prepared vide Ex.P-9. Body was sent for post-mortem examination which was conducted by Dr. Janeshwar Singh Paikra (PW-15) vide Ex.P-11 and he noticed multiple incised wounds of different sizes at the back side of neck and that the body was cut off through root of neck with all structure. According to the doctor, cause of death was cardio respiratory arrest due to profuse haemorrhage and the death was homicidal in nature.

(3.) After completion of investigation, charge sheet was filed against the accused/appellant under Sec. 302 IPC and accordingly the charge was framed against him by the trial Court. The prosecution in order to substantiate its stand, examined 15 witnesses and exhibited a number of documents. Statement of accused/appellant was recorded under Sec. 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication in the crime in question.