JAMALUDDIN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this criminal appeal, the accused/appellant has challenged the legality and propriety of the judgment of conviction and order of sentence dated 8.1.2008 passed by the Sessions Judge, Durg in S.T. No.215/06 by which he has been convicted for the offence punishable under Section 302 of the Indian Penal Code (for short 'IPC') and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.500/-, in default to undergo additional RI for 3 months.

(2.) Briefly stated, the case of the prosecution is that the accused/appellant with the help of deceased had pledged his television set with one Munnibai for Rs.2,000/- and out of this amount, the deceased kept Rs.500/- with him. It is case of the prosecution that when the appellant demanded back the said money from the deceased, he shown his inability to return it. It is further case of the prosecution that on the fateful day the accused/appellant stayed in the house of deceased and when the deceased fell asleep, he committed his murder by causing injuries on his head and face by the grinding stone lying in the house of the deceased. Raju Gautam (PW-1), Radheshyam (PW-4) and Firoz Ahmed (PW-15) are said to have seen the accused/appellant coming out from the house of deceased and that the accused/appellant also made extra judicial confession before Shanti Devi (PW-2), Smt. Sunita (PW-3) and Smt. Meena (PW-5). Merg Intimation (Ex.P-9) was recorded on 12.5.2006 at 10 p.m. at the instance of Parmatma (PW-8). Inquest (Ex.P-10) was prepared on 15.5.2006 on the body of deceased. Body was sent for post-mortem examination which was conducted by Dr. M.C. Mehnot (PW-14) on 15.5.2006 and he noticed following injuries:-

(3.) After completion of investigation, charge sheet for the offences punishable under Sections 302 and 201 IPC was filed against the accused/appellant. However, the trial Court has framed the charge under Section 302 IPC only against the accused/appellant. To substantiate the charge, the prosecution has examined 24 witnesses in all. Statement of accused/appellant was recorded under Section 313 of Cr.P.C. in which he abjured his guilt and pleaded innocence and false implication. He examined one defence witness in support of his case.