SUKHCHAND Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 15.4.2014 passed by the Additional Sessions Judge, Kondagaon, Distt. Kondagaon in S.T.No.328/12 convicting the accused/appellant under Section 302 IPC and sentencing him to undergo imprisonment for life and to pay a fine of Rs.1000/- with default stipulation.

(2.) Brief facts of the case are that on 5.4.2009 when deceased Budhantibai, mother of the accused/appellant, was sitting in her courtyard, the accused/appellant after consuming liquor came there and had altercation with his father PW-2 Rai Singh. It is alleged that at that moment, the deceased scolded the appellant that he was not doing any work and yet arguing with his father. Upon hearing this, the accused/appellant got enraged, picked up a spade and assaulted with it on the head of his mother as a result of which she died instantaneously. FIR (Ex.P/12) was lodged by Rai Singh (PW-2), on the basis of which offence under Section 302 of IPC was registered against the appellant. Inquest over the body of the deceased was performed vide Ex.P/13. Thereafter, the dead body was sent for postmortem examination which was conducted by PW-8 Dr. Sagar Kashyap vide Ex.P/16 wherein he noticed fracture of skull bone of the left side and in his opinion, the cause of death was hemorrhagic shock due to injury on the temporal region of the head. After completion of investigation, charge sheet was filed against the accused/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 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.