DHANBAL @ DHANWAR BEHRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Appellant would challenge his conviction under Section 302 of the IPC for committing murder of deceased Manglu Satnami at about 01 AM on 09.01.2004.

(2.) The prosecution case as emerging from the First Information Report (Ex.P/5) lodged by PW-3 Horilal is that PW-4 Kamlesh, PW-5 Varun and PW-6 Jairam and one Maniram (not examined) were sleeping in the pump house at the agricultural field belonging to Horilal. At about 01 AM Varun, Kamlesh and Maniram awoke him and informed that one person knocked at the door of the pump house and when the door was opened, the man picked up a pick-axe and had assaulted the deceased seriously injuring him. The informant and other witnesses went to the pump house, but found the door locked from inside. They removed the tinned roof and witnessed that the deceased was lying unconscious having injuries over wrist, testicles, left ear and armpits and the appellant was sitting naked in one corner of the room.

(3.) The weapon and other articles were recovered from the spot. The appellant had suffered burn injuries therefore, he was not taken into custody immediately, but, was admitted in the hospital where he remained for treatment for about 28 days. His MLC was conducted by PW-10 Dr SA Ali, who submitted report vide Ex.P/15A finding two simple lacerated wounds and four superficial burn injuries on the person of the appellant.