RATU RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 30.1.2003 passed by the 3rd Additional Sessions Judge (FTC), Raigarh in S.T. No.116/02 convicting the accused/appellant under Section 302 of the Indian Penal Code (for short 'the IPC') and sentencing him to undergo R.I. for Life.

(2.) In the present case, name of deceased is Mangalibai.

(3.) The prosecution story, in brief, is that on 29.3.2002 when the deceased Manglaibai was collecting Mahua flower in her filed, the accused/appellant attacked and assaulted on vital parts of her body by axe which resulted into her instantaneous death. Incident was witnessed by PW-5 Dipak and his younger brother Dilip, aged about 10 years and both of them after reaching their home narrated the entire incident to their family members. Next morning Dipak (PW-5) disclosed the incident to the villagers and accordingly FIR (Ex.P-7) was lodged on 30.3.2002 at 11.30 a.m. by Ghasiya, son of deceased, against the appellant based on which offence under Section 302 IPC was registered against him. Merg Intimation (Ex.P6) was also recorded on the same day at the instance of PW-6. Inquest (Ex.P-2) was prepared over the body of deceased and thereafter the body was sent for post-mortem examination which was conducted by Dr. P.L. Bodalkar (PW-7) on 31.3.2002 vide Ex.P-12, who noticed following injuries;-