KARTIK Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) 28/08/2017 This appeal arises out of judgment and order dated 11.08.2008 passed by the Sessions Judge, Baikunthpur, district Koriya in S.T. No. 02/2008 convicting the accused/appellant under Section 302 of IPC and sentencing him to undergo imprisonment for life with fine of Rs.1,000/- plus default stipulation.

(2.) As per prosecution case, on 31.08.07, at about 4.30 p.m. accused/appellant Kartik Ram, deceased accused Shriram and the deceased Gulab Singh consumed liquor in the house of Shriram and there Kartik Ram and Shriram committed murder of the deceased by causing as many as 15 injuries with knife and spade. On the same day, merg intimation Ex.P-5 was lodged at 8.05 p.m. by Ramji (PW-5) and immediately thereafter FIR Ex.P-6 was registered under Section 302 IPC against the appellant and deceased accused Shriram. Inquest Ex.P-8 was prepared and body was sent for postmortem examination vide Ex.P-24 by Dr. G.D.Baghel (PW-17) and according to him, cause of death is coma due to injury on skull and neck vertebra and death was homicidal in nature. On 01.09.07, as per memorandum (Ex.P-16) of the deceased accused Shriram, seizure Ex.P-19 was effected and one blood stained pant and two glasses were recovered; on the memorandum Ex.P-17 of accused/appellant, seizure Ex.P-20 was effected and a knife was recovered. However there is no FSL report. While framing the charge, trial judge has framed charge against the accused persons under Section 302 in alternate 302/34 IPC.

(3.) In order to establish the guilt of the accused persons prosecution has examined 26 witnesses. Statement of the accused/appellant was also recorded under Section 313 of the Cr.P.C. in which they denied the charges levelled against them and pleaded their innocence and false implication in the case.