HARIRAM Vs. STATE OF C G

JUDGEMENT

(1.) BY this appeal accused Hariram has questioned legality and correctness of his conviction under Sections 302 and 324 of the I.P.C. and sentence of life imprisonment and imprisonment for one year imposed therein for committing the murders of his wife and two minor children, and inflicting simple injury with axe to one Dhansai, passed by 3rd Additional Sessions Judge (Fast Track Court), Raigarh in S.T. No. 243/2000 vide judgment dated 19-3-2002.

(2.) THE case of the prosecution, in brief, is that on 21-9-2000, in the night, when Dhansai along with Sidar, Karamsai and Bhagatram were sitting at Chaupal of the village, Ganeshram came there and informed that children of the accused are crying in his house, therefore, they along with Dhansai arrived at the house of the accused. THEy saw that the door of the house was closed from inside. THE accused was asked to open the door, but he did not open the door, therefore, Dhansai pushed the door, thereby half portion of the door fell down, on which villagers saw that wife of the accused was lying in injured condition whereas, son of the accused namely, Tarachand and daughter Gauri Bai were lying dead. THE accused was holding axe in his hand. THE room was full of blood. When Dhansai attempted to catch the accused, the accused attacked him with axe on right thigh region, in turn, Dhansai attacked the accused with lathi and caught hold of him. In the meantime, other persons came, overpowered the accused and tied him with rope. After some time, wife of the accused breathed her last. Villagers informed the police. Head Constable Ganesh Ram Sahu wrote merg intimation and Dehati Nalishi.

(3.) AFTER completion of the investigation, charge sheet was filed in the Court of Judicial Magistrate, 1st Class, Gharghoda, who in turn committed the case to the Sessions Judge, Raigarh from where Learned 3 rd Additional Sessions Judge (FTC), Raigarh received the case on transfer for trial.