JAGANNATH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 28.4.2010 passed by the Additional Sessions Judge, Bastar at Jagdalpur in S.T. No.110/09 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 and fine of Rs.500/-, in default to undergo additional R.I. for 02 months.

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

(3.) The prosecution story, in brief, is that in the night intervening 10 th and 11th August, 2009 the accused/appellant armed with hammer had gone to the house of Samaluram (since deceased) and asking him as to why did he have a talk with his wife, assaulted the deceased with sharp side of hammer as a result of which he died instantaneously. Hearing voice of the deceased, Shankar (PW-1), cousin of deceased, reached the spot and found the deceased lying dead. FIR (Ex.P-1) was lodged on 11.8.2009 at the instance of Shankar (PW-1) under Section 302 IPC against the accused/appellant. Merg Intimation (Ex.P-2) was also recorded at the instance of Shankar (PW-1). Inquest was made over the body of the deceased vide Ex.P-13. Body of the deceased was sent for post-mortem examination which was conducted by Dr. N.S. Nag (PW-8) and he noticed following injuries on the body of deceased:-