RAMDAYAL SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 25.10.2010 passed by the II Additional Sessions Judge (FTC), Mungeli, Distt. Bilaspur in S.T.No.18/2010 convicting the accused/appellant under Section 302 of IPC and sentencing to undergo imprisonment for life and fine of Rs.2000/ - with default stipulation.

(2.) As per prosecution case, on 15.3.2010 at about 9.30 pm FIR (Ex.P/2) was lodged by Dileshwar Sahu (PW -1), son of the accused/appellant, that his younger brother Vedram was residing with the appellant. When he (PW -1) returned from the field at about 8 pm on 15.3.2010 he found the dead body of his brother Vedram in the courtyard, there was one pickaxe lying near the dead body and he noticed injuries near the face of the deceased. He has further stated that his mother Fulmatbai (PW -3) was crying there and on being asked, she informed him that at about 7.30 pm it is the accused/appellant who committed murder of Vedram by saying that he does nothing and roams around without any purpose. Based on this FIR, offence under Section 302 of IPC was registered against the accused/appellant. Immediately thereafter, merg intimation Ex.P/1 was recorded at the instance of PW -1. Inquest over the dead body was prepared vide Ex.P/4 on 16.3.2010. Thereafter, the dead body was sent for postmortem which was conducted on 16.3.2010 by PW -7 Dr. RS Ayam vide Ex.P/10 wherein he noticed as many as four injuries, including fracture, on the body of the deceased and opined that the cause of death was head injury and that the death was homicidal in nature. After investigation charge sheet was filed against the appellant under Section 302 of IPC and accordingly, charge was framed.

(3.) So as to hold the accused/appellant guilty, the prosecution examined as many as 9 witnesses. Statement of the accused was also recorded under Section 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication.