CHANDRIKA RAO MARATHA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 21.8.2006 passed by the 1st Additional Sessions Judge, Baloda Bazar, in Sessions Trial No. 382/2005, whereby learned Additional Sessions Judge after holding the accused/appellant guilty for commission of offence under Sections 302 and 323 of the I.P.C., sentenced him to undergo imprisonment for life and pay a fine of Rs. 500/-, in default of payment of fine to further undergo imprisonment for two months and to undergo imprisonment for six months, respectively.

(2.) THE prosecution case, in brief, is that at about 9 p.m. in the night of 27-7- 2005 in Indira Colony, Kasdol, the accused started abusing Shanti Bai, he threatened her to kill her and went towards her to assault her. In the mean time, Tijau Yadav (since deceased) came and intervened, in that process, the accused assaulted the deceased with a crowbar on his head.

(3.) AFTER giving notice Ex.P-2 to the Panchas, inquest report Ex.P-3 on the body of Tijau Yadav was prepared. During police custody, the accused gave memorandum Ex.P-4 regarding the place where he kept the crowbar, the weapon of offence, and in pursuance of that, the crowbar was got recovered at the instance of the accused under Ex.P-5. After usual investigation, charge sheet was filed in the Court of Judicial Magistrate, First Class, Baloda Bazar, who in turn committed the case to the Sessions Judge, Raipur, from where learned 1st Additional Sessions Judge, Baloda Bazaar received the case on transfer for trial.