HARIRAM Vs. STATE OF C.G.

JUDGEMENT

(1.) ON BOARD - This appeal is directed against the judgment dated 27.11.2008 passed in Sessions Trial No. 11 of 2008 by the Additional Sessions Judge, Katghora, District Korba convicting the accused/Appellant under Section 302 of the Indian Penal Code and sentencing him with life imprisonment and fine of Rs. 2,000/- with default stipulation.

(2.) Brief facts of the case are that on 17.10.2007 at about 6:30 p.m., Nathuram (PW4) and Hinduram (PW5), on hearing the screaming of Parasram (deceased), came out of their houses and went to the lane. They saw the accused/Appellant running away with a Hansiya (Sickle). Parasram told them that the Appellant assaulted him with the Hansiya. Nathuram called Bedram (PW1), son of Parasram. Ramprasad (PW2) also came there. Before all of them, Parasram again told that the Appellant, after assaulting him with the Hansiya ran away. Bedram took his injured father to NTPC Hospital, Darri, Korba where he died at about 9:00 p.m. Unnumbered Morgue Intimation (Ex.P1) and unnumbered First Information Report (Ex.P2) were recorded on the information of Bedram at Police Station Darri. Thereafter, numbered Morgue Intimation (Ex.P16) and numbered FIR (Ex.P15) were recorded at Police Station Bankimongara. Inquest (Ex.P4) was recorded. Post mortem was conducted by Dr. R.S. Kanwar (PW8). He gave his report (Ex.P12). He found an incised wound measuring 3" x 1" x 4.5" (deep) situated 2" below the both sides of epigastrium (transverse) and a transverse incised wound on the middle phalanx of left little to index fingers. He also found that the liver was punctured from front to back measuring 4" x 3" x 3" shallow and right 1/2" and the whole abdominal cavity was full of blood. He opined that the cause of death was hemorrhagic shock due to large incised wound of liver. During investigation, on the basis of memorandum statement (Ex.P5) of the Appellant, the Hansiya was seized from the Appellant vide Ex.P6. The Hansiya was examined by Dr. R.S. Kanwar (PW8). He gave his report (Ex.P 13) in which he opined that the injuries sustained by the deceased could be caused by the said Hansiya. Seized articles were sent to the Forensic Science Laboratory vide Ex.P20. No report from the FSL is placed on the record. On completion of the investigation, a charge-sheet was filed against the Appellant for offence punishable under Section 302 of the Indian Penal Code. Charge was framed against him under Section 302 of the Indian Penal Code.

(3.) In support of its case, the prosecution examined as many as 11 witnesses. Statement of the Appellant was recorded under section 313 of the Code of Criminal Procedure, 1973 in which he denied the circumstances appearing against him, pleaded innocence and false implication. No defence witness has been examined on his behalf.