BHAGWAT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 11.9.2009 passed by the II Additional Sessions Judge (FTC), Janjgir in S.T.No.111/2009 convicting the accused/appellant under Section 302 of IPC and sentencing him to undergo imprisonment for life and fine of Rs.100/- with default stipulation.

(2.) Brief facts of the case are that on 18.2.2009 in between 9-10 am after committing murder of Dahruram @ Chander Sao by causing several injuries on his body with axe, the accused/appellant made extrajudicial confession before PW-3 Mankunwar, PW-4 Gopal Das, PW-6 Gorelal and PW-7 Sahodra Bai that it is he who committed murder of the deceased. Merg intimation (Ex.P/12) was registered on 18.2.2009 itself at the instance of PW-5 Tajuram. Thereafter, FIR (Ex.P/13) was registered against the accused/appellant at the instance of PW-5 under Section 302 of IPC. Inquest over the body of the deceased was prepared vide Ex.P/17. The dead body was sent for postmortem examination, which was conducted on 19.2.2009 by PW-1 Dr. KK Dahire vide Ex.P/1 wherein he noticed as many as five incised wounds, including fracture of cervical vertebra, and opined that the cause of death is antemortem severe bleeding and shock as a result of repeated attack over scalp and neck by any sharp object and that the death was homicidal in nature. After investigation charge sheet was filed against the appellant and accordingly, charge under Section 302 of IPC were framed.

(3.) So as to hold the accused/appellant guilty, the prosecution examined as many as 8 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.