JAI RAM CHERVA @ BHETHALU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 28.8.2010 passed by the Additional Sessions Judge (FTC), Pratappur, Distt. Surguja in S.T.No.515/09, convicting the accused/appellant under Section 302 of IPC and sentencing him to undergo imprisonment for life and fine of Rs.500/- with default stipulation.

(2.) Brief facts of the case are that on 2.9.2009 at about 9 am while deceased Ramprasad was sleeping outside his house, the appellant assaulted on his head with axe. He was immediately taken to Community Health Center, Pratappur where his MLC (Ex.P/8) was done by PW-5 Dr. AK Vishwakarma. FIR (Ex.P/1) was registered on 2.9.2009 at the instance of PW-2 Brijmohan against the accused/appellant under Sections 294, 506B and 323 of IPC. Considering the precarious condition of the deceased, he was referred by the doctor (PW-5) to District Hospital, Ambikapur where he succumbed to his injuries on 3.9.2009. On receipt of memo from the hospital (Ex.P/10) unnumbered merg intimation (Ex.P/5) was recorded on 3.9.2009 at Police Station - Ambikapur. Inquest over the body of the deceased was prepared vide Ex.P/3 and thereafter, the dead body was sent for postmortem which was conducted by PW-4 Dr. Anupam Minj vide Ex.P/6 who noticed two sutured wounds, one over right parietal region near occiput and another anterior to the first wound. He also noticed depressed fracture of right parietal bone. In his opinion, the cause of death was coma due to head injury. After completion of investigation, charge sheet was filed against the accused/appellant under Sections 294, 506B, 302 of IPC and accordingly, charges were framed.

(3.) So as to hold the accused/appellant guilty, the prosecution examined as many as 20 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.