MAKHANLAL S/O MOHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 24.3.2012 passed by the 1st Additional Sessions Judge, Balodabazar in Sessions Trial No.76/11 convicting the accused/appellant under Section 302 of the Indian Penal Code (for short 'the IPC') and sentencing him to undergo imprisonment for life and fine of Rs.500/-, in default to undergo additional R.I. for 03 months.

(2.) The prosecution story, in brief, is that on 3.8.2009 at about 6.00 p.m. Manikram (since deceased), brother-in-law of accused/appellant, along with Mangluram (PW-16) and Shesh Narayan (PW-17) came to the house of accused/ appellant to drop rakhi and sweets. Deceased Manikram insisted accused/appellant for liquor and when he expressed his financial inability, the deceased gave him Rs.100/- to bring liquor. When the discussion over liquor was going on, Shesh Narayan (PW-17) told him that he would not consume liquor as night had fallen. When Shesh Narayan (PW-17) refused to take liquor, the deceased demanded back the amount given by him and on refusal by accused/appellant, they started quarrelling and in that process the accused/appellant assaulted on the neck, chin and temporal region of deceased by axe as a result of which he died on the spot. At the instance of Bhukhan Lal (PW-7), Merg Intimation (Ex.P-21) was recorded on 4.8.2009. Un-numbered FIR (Ex.P-22) was recorded on the same day and based on that numbered FIR (Ex.P-20) was registered against the accused/appellant under Section 302 I.P.C. Inquest was prepared vide Ex.P-2 on 4.8.2009. Body of the deceased was sent for post-mortem which was conducted by Dr. B.S. Dhruv (PW-9) on 4.8.2009 vide Ex.P-11 and noticed following injuries:-

(3.) In order to hold the accused/appellant guilty, the prosecution had examined as many as 17 witnesses. Statement of accused/appellant was also recorded under Section 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case and pleaded innocence and false implication.