MEHATU RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 24.09.2003 passed by 1 st Additional Sessions Judge, Kanker, in S.T. No.145/2003 convicting the accused/appellant under Section 302 IPC and sentencing him to undergo imprisonment for life with fine of Rs.1,000/-, in default of payment of fine amount to further undergo R.I. for one year.

(2.) In the present case, name of the deceased is Manku. It is said that on 05.11.2002 at about 8.00 pm, the accused/appellant went to the house of deceased, some quarrel took place between them and the accused/appellant threatened the deceased as to "how long would you live" and left his house. Further case of the prosecution is that on the same night at about 11.00 pm, the accused/appellant along with other accused persons again had gone to the house of deceased and committed his murder by causing three incised wounds on his body by axe and crowbar. The incident is said to have been witnessed by Sanbati (PW/1), daughter of the deceased, who in her 161 Cr.P.C. statement has not named anyone. On 06.11.2002 at 8.15 am, at the instance of Ayatu Ram (PW/2)-brother of the deceased, merg intimation Ex.P/21 and FIR Ex.P/1 were recorded under Sections 302 and 452 IPC against an unknown person. Inquest on the body of deceased was prepared vide Ex.P/4 and body was sent for postmortem examination to Primary Health Center, Tadoki where Dr. U.N. Diwan (PW/4) conducted postmortem on the body of deceased and gave his report Ex.P/4 opining the cause of death of deceased to be coma due to hemorrhagic shock and death was homicidal in nature. On 23.12.2002 memorandum of accused/appellant was recorded vide Ex.P/14, based on which, axe is alleged to have been seized from him and as per FSL report Ex.P/25 blood has been found on it, however there is no serological report on record.

(3.) After investigation charge-sheet was filed against the appellant and acquitted accused persons and the trial Court framed the charge against the accused/appellant and acquitted accused Itwaru under Section 302 IPC, whereas two other acquitted accused persons namely Johar and Aiet Ram were charged under Section 302/34 IPC.