RAJKUMAR Vs. STATE OF CHHATTISGARH THROUGH POLICE STATION

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 25.09.2012 passed by the 2nd Additional Sessions Judge, Raipur, in S.T. No.190/2011 convicting the accused/appellants under Sections 302/34, 449 of IPC and sentencing them to undergo imprisonment for life with fine of Rs.500/- for each Section, with default stipulations.

(2.) As per the prosecution case, on 09.06.2011 the accused/appellants and one Keshav entered the house of deceased Santosh Sahu and caused multiple injuries to him by knife as a result of which deceased died instantaneously. At the instance of Saraswati Bai (PW/1), eye witness to the incident, dehati nalisi (Ex.P/1) was recorded on 09.06.2011 at 11.00 pm followed by dehati merg (Ex.P/2) at 11.10 am. On the basis of dehati nalisi (Ex.P/1), F.I.R. (Ex.P/20) was registered on 10.06.2011 at 00.30 am against the accused persons under Section 302/34 of IPC. Thereafter, numbered merg (Ex.P/21) was registered on 10.06.2011 at 00.40 am. Inquest on the body of deceased was conducted vide Ex.P/5 and dead body was sent for postmortem examination which was conducted by Dr. R.K. Singh (PW/15) and gave his report (Ex.P/34) noticing following injuries:-

(3.) While assaulting the deceased, accused/appellant Keshav also sustained injuries and was taken to District Hospital, Pandri Raipur where he was medically examined by Dr. (Smt.) Parmeshwari Lal (PW/10) vide Ex.P/19 noticing one incised wound of 1 cm x 1/4 cm over right index finger.