SHISHUPAL @ BADE DAU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 12.10.2011 passed by the Additional Sessions Judge, Mungeli, Distt. Bilaspur in S.T.No.16/2011 convicting the accused/appellant under Section 302 of IPC and sentencing him to undergo imprisonment for life and pay a fine of Rs.2000/- with default stipulation.

(2.) As per prosecution case, on 2.1.2011 at 9.30 am on account of some dispute with his mother Amolabai, the appellant caused her injuries by a sickle as a result of which she died on the spot itself. Merg intimation Ex.P/1 was lodged on 2.1.2011 at 11.15 am by PW-1 Faguram and thereafter FIR (Ex.P/4) was registered at 11.20 am at the instance of PW-1 Faguram against the appellant under Section 302 of IPC. Inquest over the dead body was conducted vide Ex.P/3 on 2.1.2011 and the body was thereafter sent for postmortem which was conducted on the same day by PW-7 Dr. Ajay Pathak vide Ex.P/13, who noticed stab wounds on the back side and above right side of buttock. In his opinion, the cause of death was shock due to injured spinal nerve cord upper and lower spinal and that the death was homicidal in nature. On the memorandum of the appellant (Ex.P/10), one sickle was seized vide Ex.P/11. However, there is no FSL report on record. After completion of investigation, 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 as many as 8 witnesses. 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.