DESHIYA TENGA KUJUR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard Shri Sudhir Kumar Bajpai, learned counsel for the appellant. Also heard Shri Nitansh Jaiswal, PL, appearing for the respondent/State.

(2.) The case of the prosecution in brief is that on 10/10/2019, at about 15:20 PM, the complainant Abhaydip Tigga/PW-1 gave merg intimation to the police that at about 6:00 AM, there was a quarrel between his father Filmon Tigga (deceased), and the accused Deshiya Kujur under the influence of liquor. At about 1:00 PM, the accused Deshiya Kujur committed murder of his father by assaulting him on his body with an axe, and his dead body is lying near the house of the accused. The Police have recorded merg intimation/Ex. P-1, and his written report is Ex. P-2. Inquest of dead body of the deceased was prepared in presence of the witnesses, which is Ex.P-4. FIR Ex.P-6 was recorded against the appellant for commission of offence under Sec. 302 of the IPC. The dead-body of the deceased was sent for its postmortem to the Community Health Centre, Kusmi, District Balrampur-Ramanujganj. PW12/Dr. Rakesh Thakur conducted postmortem of the dead body of the deceased and gave postmortem report/Ex. P/10. While conducting the postmortem, the doctor has found the following injuries on her body:

(3.) Blood-stained and plain soil, and the weapon of offence-axe have been seized from the spot vide seizure memo Ex.P-9. The axe and Tshirt of the deceased were sent to the doctor for query report, from where query report Ex.P-11 was submitted, wherein the doctor opined that the injuries of the deceased could have been caused by the said axe. Spot map/Ex.P-5 was prepared by the police, and spot map/Ex.P-7 was prepared by the Patwari. The appellant was arrested on 12/10/2019, and his memorandum statement Ex.P-12 was recorded. Based on his memorandum statement, blood like stained half T-shirt has been seized from him vide seizure memo/Ex. P-13. The seized axe, clothes, plain and blood stained soil were sent for FSL examination. Statement of the witnesses under Sec. 161 of CRPC has been recorded and after completion of usual investigation, charge-sheet was filed against the appellant for the offence under Sec. 302 of IPC before the learned Judicial Magistrate First Class, Rajpur, District Balrampur-Ramanujganj. The case was committed to the learned Trial Court for its trial.