NARAYAN NISHAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal by the convicted Accused/Appellant is directed against the judgment dtd. 3/4/2007 delivered by the learned Sessions Judge, Raipur, District Raipur in Sessions Trial No. 31 of 2007 whereby he convicted the Accused for having committed an offence punishable under Sec. 302 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life and to pay fine of Rs.500.00. In default of payment of fine, the accused/Appellant was directed to undergo further rigorous imprisonment for six months.

(2.) The undisputed facts are that one Raju Patel, Driver, was assaulted and murdered at about 10:00 am on 9/9/2006 near Punjab Oil Mill, Raipur. On the same date, at about 10:30 am, Vidyadhar Sona (PW-1) lodged a merg intimation as well as Dehatinalishi (Exhibit P/1 and P/2) regarding the death of Raju Patel. In these documents, it is mentioned that the witness came to know that Raju Patel had been murdered near Punjab Oil Mill and then he went to the spot he saw that Raju Patel was lying on the ground with injuries on the face, head and ear. The ear had been badly cut and Raju was bleeding and the blood on the ground had dried up. After lodging of the Dehatinalishi and the Dehati Merg Intimation, FIR (Exhibit P/10) was lodged by the police under Sec. 154 CrPC. The investigation was conducted and during the course of investigation, a galvanized iron pipe (for short 'the GI pipe') and shirt of the Accused were recovered at the instance of the Accused/Appellant and this, according to the prosecution, is the weapon of offence. The body of the deceased was subjected to postmortem conducted by Dr. Ulhas Gonnade (PW-7) who opined that the death was as a result of post-traumatic shock and haemorrhage. After investigation was completed, the accused was charged for having committed murder of Raju Patel. The Accused/Appellant has been convicted and sentenced as above. Hence, this appeal.

(3.) There is no eyewitness to the occurrence. The entire case against the Accused/Appellant is based on circumstantial evidence. The circumstances relied upon by the prosecution are (i) motive (ii) previous enmity and history of the accused beating the deceased; and (iii) recovery of the weapon of offence.