JAGJAHIR @ INDRAPAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 14.3.2005 passed by the Sessions Judge, Korba in ST No.20/2004 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, on 14.4.2004 the appellant informed the police that deceased Pusau after consuming liquor has caused injuries to himself. This information given by the appellant was entered into Rojnamchasanha vide Ex.P/7 at 5 pm. On 16.4.2004 at the instance of one Kamlesh Kumari unexhibited merg intimation was recorded. During merg enquiry on 17.4.2004 at 3 pm Dehati Nalishi Ex.P/7 was recorded by PW-10 Alexander Kiro. Inquest over the dead body was conducted vide Ex.P/6 on 17.4.2004 and thereafter postmortem was conducted on the body on the same day by PW-12 Dr. Shakuntla Bhagat vide Ex.P/17 who noticed incised wound on left shoulder lateral aspect, left chest near 3rd and 4th rib region, all the internal organs were congested and that cause of death was cardio- respiratory arrest because of shock due to bleeding. As per query report Ex.P/19, the wound present on the dead body was caused by another person and was not self-inflicted. On 18.4.2004 FIR (Ex.P/8) was registered on the basis of Dehati Nalishi against the appellant under Section 302 of IPC. While framing charge, 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 12 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.