VINOD KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 30.4.2008 passed by the Sessions Judge, Durg in S.T.No.241/06, convicting the accused/appellant under Sections 302, 307 of Penal Code and sentencing him to undergo imprisonment for life, pay a fine of Rs.1000.00 and RI for 5 years, to pay a fine of Rs.1000.00 with default stipulations respectively.

(2.) In the present case, name of the deceased is Shantibai, aunt of the accused/appellant whereas injured Kotabai is his grand-mother. As per prosecution case on 5.6.2006 the deceased along with injured Kotabai had gone to Sector-9 Hospital, Bhilai for treatment of Kotabai where the appellant reached carrying knife in his hand and upon suspicion of playing witchcraft by Kotabai caused her several injuries. When deceased Shantibai intervened, she too was assaulted by the appellant as a result of which she died. Upon receiving information from Dr.RK Shrivastava (PW-3) from the hospital, on 5.6.2006 at 1.20 pm merg intimation Ex.P/2 was recorded and immediately thereafter at 1.30 pm FIR (Ex.P/6) was lodged by PW-15 Rajendra Kumar Kurre, son of the deceased, against the appellant under Sections 302 and 307 of IPC. In the meanwhile, injured Kotabai was medically examined on 5.6.2006 vide Ex.P/17 by Dr. Praveen Kumar (PW-14) who noticed as many as 11 injuries, including eight incised wounds, on the body of the injured and opined that the said injuries were grievous in nature and could have resulted in her death had the same been not operated. Inquest over the body of the deceased was prepared vide Ex.P/21 and thereafter, the dead body was sent for postmortem which was conducted by PW-18 Dr. P. Akhtar vide Ex.P/24 who noticed as many as 9 incised wounds on her person and opined that the cause of death was hemorrhage due to injuries to great vessels of neck, heart and liver. On the memorandum of the appellant Ex.P/3, bloodstained full shirt, handkerchief and one knife were seized vide Ex.P/4 and as per FSL report Ex.P/28, blood was found on these articles, however, as per serological report Ex.P/29 origin of the blood could not be determined due to disintegration of the same. After completion of investigation, charge sheet was filed against the accused/appellant under Sections 307, 302 of Penal Code and accordingly, charges were framed.

(3.) So as to hold the accused/appellant guilty, the prosecution examined as many as 19 witnesses. Statement of the accused was also recorded under Sec. 313 of Crimial P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication. In his defence, he examined two witnesses.