MITHLESH SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 26.02.2013 passed by Additional Sessions Judge Durg in Sessions Trial No. 99/2011 convicting the accused/appellant under Section 302 IPC and sentencing him to undergo imprisonment for life and pay fine of Rs. 1,000/-, plus default stipulation.

(2.) Case of the prosecution in brief is that on 02.03.2011 when deceased Keshram Sahu - the father of the accused/appellant was sitting near the Radha Krishna temple, accused/appellant came there, started quarreling with him over the apportionment of land as well as money and also subjected him to beating by frequently hitting him against the ground. Thereafter, the deceased was taken to hospital where he died on 03.03.2011. On the basis of intimation received from the hospital, initially an un-numbered merg Ex. P-10 was recorded on 03.03.2011 itself followed by the numbered one Ex. P-16 which was recorded on 15.03.2011. Inquest Ex. P-4 was made on 04.03.2011 and thereafter the dead-body was sent for postmortem examination which was conducted by Dr. N.C. Roy PW- 14 who gave his report Ex. P-13. After investigation, charge-sheet was filed by the police under Section 302 IPC followed by framing of charge by the Court below accordingly.

(3.) In order to prove the complicity of the accused/appellant in the crime in question, the prosecution has examined 16 witnesses. Statement of the accused/appellant under Section 313 Cr.P.C. was also recorded in which he denied his guilt and pleaded innocence and false implication in the case.