RAJESH DAS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 23.11.2011 passed by the Sessions Judge, Surguja (Ambikapur) in S.T.No.19/11, convicting the accused/appellant under Section 302 of IPC and sentencing him to undergo imprisonment for life and fine of Rs.2000/ - with default stipulation.

(2.) As per the prosecution case, on 21.11.2010 the accused/appellant saw his wife Asha (PW -2) in an objectionable position with his brother Gullu Das (deceased) and it is said that he caused number of club injuries to Gullu Das as a result of which he died. Unnumbered Merg Ex.P/2 was recorded on 22.11.2010 at the instance of PW -1 Shankar Das, Village Kotwar, which was subsequently numbered vide Ex.P/2A. Immediately thereafter unnumbered FIR (Ex.P/1) and numbered FIR (Ex.P/1A) were registered against the accused/appellant under Section 302 of IPC. Inquest over the body of the deceased was prepared vide Ex.P/8 and thereafter, the dead body was sent for postmortem which was conducted by PW -7 Dr. BM Kamre vide Ex.P/14A who noticed multiple lacerated wounds in both legs, forehead and left temporal region, fracture of tibia and fibula as well as multiple contusions over chest and abdomen. In his opinion the cause of death was internal hemorrhage and coma due to head injury and that the death was homicidal in nature. 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.