TORAN @ TURUM @ TURUN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 30.07.2011 passed by the Additional Sessions Judge, Gariyaband District Raipur, in S.T. No.36/2010 convicting the appellant under Section 302 IPC and sentencing him to undergo imprisonment for life and to pay fine of Rs.100/-, in default of payment of fine amount to undergo S.I. for ten days.

(2.) In the present case, name of the deceased is Pansingh, maternal uncle of the appellant. It is said that in the night intervening 4-5/06/2010, the accused/appellant and the deceased after having their meals with other family members, slept in veranda, whereas two other auto drivers were sleeping adjacent to the said varanda. On 05.06.2010, when Neelambar Yadav (PW/4) tried to wake up the deceased, at the relevant time he was found dead. Thereafter, the appellant and Vidyadhar (PW/1) had gone to the police station where at the instance of PW/1, merg intimation (Ex.P/2) was recorded on 05.06.2010 at 10.00 am. Immediately thereafter on 10.10 am, FIR (Ex.P/1) was registered against an unknown person under Section 302 IPC. Inquest on the body of deceased was conducted on 05.06.2010 and body of deceased was sent for postmortem examination to Community Health Center, Chhura vide Ex.P/16-C where Dr. S.P. Prajapati (PW/10) conducted postmortem on the body of deceased and gave his report Ex.P/16 opining the cause of death to be asphyxia and haemorrhage due to incised wound on neck and death was homicidal in nature. On 06.06.2010 itself, memorandum of accused/appellant (Ex.P/8) was recorded, based on which, axe under ExP/10, vest and gamcha under Ex.P/11 were seized respectively and as per FSL report (Ex.P/24), blood has been found on the seized articles, however, there is no serological report on record to confirm origin of blood group. After filing of the charge sheet, the trial Court framed the charges against the accused/appellant under Section 302 IPC.

(3.) So as to hold the accused/appellant guilty, the prosecution examined as many as 18 witnesses. Statement of the accused/appellant was also recorded under Section 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication.