MEHATTAR DAS @ GANGA MAHANT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 28.9.2012 passed by the II Additional Sessions Judge, Raigarh in ST No.01/2012 convicting the appellant under Section 302 of IPC and sentencing him to undergo imprisonment for life and to pay a fine of Rs.2000/- with default stipulation.

(2.) As per prosecution case, deceased Sadauwa Sarthi had damaged the tire of handcart of the appellant as a result of which the appellant was annoyed and in the night intervening 3/4th June, 2011 he went to the house of the deceased and started hurling abuses at him. It is said that when the deceased came out from his house, the appellant assaulted on his head by a club resulting in his instantaneous death. The incident was witnessed by PW-1 Padum Sarthi, PW-5 Sulochana Bai, and PW-6 Padma Bai who are son, wife and daughter of the deceased respectively. In the same night at about 1.05 am merg intimation (Ex.P/1) was lodged by PW-1 and immediately thereafter FIR (Ex.P/2) was lodged by PW-1 against the appellant under Section 302 of IPC and Section 3(1)(x) and 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Inquest over the dead body was conducted vide Ex.P/5 on 4.6.2011 and thereafter postmortem was conducted on the body on the same day by PW-4 Dr. Iqbal Singh vide Ex.P/12 who noticed deep lacerated wounds on right side of face, right ear, right fronto temporo-parietal area of varying size, underlying bones right mandible, right maxilla, right side of frontal, right parietal, right temporal bones were fractured, oral cavity found crushed and brain matter had come out of the skull. In his opinion, the cause of death was extensive injury to brain and head and that the death was homicidal in nature. Memorandum of the appellant was recorded on 4.6.2011 vide Ex.P/7 and pursuant thereto, a bloodstained club was seized vide Ex.P/8 and it also led to seizure of one wrist watch, shirt and pant of the appellant, all having blood like stains, vide Ex.P/9. However, there is no FSL report on record. After filing of charge sheet, the trial Court framed charge under Section 302 of IPC against the appellant.

(3.) So as to hold the accused/appellant guilty, the prosecution examined 13 witnesses in all. Statement of the accused 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.