PRAKASH CHANDRA KASHYAP Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 07.05.2010 passed by Additional Sessions Judge, Gariyaband, District Raipur, in Sessions Trial No. 55/2009 convicting the accused/appellant under Sections 302 and 323 IPC and sentencing him to undergo imprisonment for life with fine of Rs. 100/- u/s 302 and RI for one year u/s 323 IPC, plus default stipulation.

(2.) Briefly stated facts of the case are that on 13.10.2009 at 3.50 PM merg intimation Ex. P-1 was recoded at the instance of Mukundram (PW-1) stating that his brother Shobnath (the deceased) and his friend Khir Singh (PW-2) had gone to village Dhurwagudi to hire a tractor and did not return in the night. Merg intimation further says that in the next morning at about 8 O'clock one Lal Singh came to him and informed that after consuming liquor his brother (deceased) was lying in village Dhurwagudi in an unconscious state, whereupon he along with his mother and daughter-in-law also went to the said village and found his brother dead. Inquest Ex. P-3 was held on the same day and the deadbody was sent for postmortem examiantion which was conducted on 14.10.2009 by Dr. Anju Sonwani (PW-13) who gave her report Ex. P- 15 stating number of injuries (which would be detailed later) and opined the cause of death as cardiorespiratory arrest due to internal injury and the death was homicidal in nature. After postmortem examination and merg inquiry, FIR Ex. P-18 was registered against the accused/appellant under Section 302 IPC. Memorandum of the accused/appellant Ex. P-10 was recorded on 15.10.2009 and based thereon bicycle of the deceased was seized from a rivulet vide Ex. P-4. As has come in the evidence that the accused/appellant had also beaten Khir Singh PW-2, his statement was recorded by the Police and his medical examination was conducted by Dr. Anju Sonwani (PW-13) who gave her report Ex. P- 14. After completion of investigation, charge-sheet was filed against the accused/appellant under Sections 302 and 323 IPC followed by framing of charges under the same sections.

(3.) In order to prove the complicity of the accused/appellant in the crime in question, the prosecution has examined 17 witnesses. Statement of the accused/appellant under Section 313 Cr.P.C. was also recorded in which he denied his guilt and pleaded innocence and false implication in the case. This apart, defene also examined one Rajesh Yadav (DW-1) in support of its case.