RAM SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 12.04.2004 passed by Additional Sessions Judge Baikunthpur, District Korea in Sessions Trial No. 08/2004 convicting the accused/appellant under Section 302 IPC and sentencing him to undergo imprisonment for life and pay fine of Rs. 2,000/-, plus default stipulation.

(2.) Name of the deceased in the present case is Ramdas - the brother-in-law of the accused/appellant herein. According to the case of the prosecution, on 20.10.2003 body of the deceased was found in a public well and allegedly it is the accused/appellant who committed his murder and then threw the body into the well. Merg Ex. P-1 was recorded on the same day at the instance of Ram Prasad (PW-2) and after making inquest Ex. P-2 the body was sent for postmortem examination which was conducted by Dr. Ashish Karan (PW-10) vide report Ex.P-8. On the basis of merg inquiry, un- numbered FIR Ex. P-12 was registered against the accused/appellant on 23.11.2003 for the offence punishable under Section 302 IPC followed by numbered one Ex. P-9 which came to be registered on 24.11.2003. After investigation, charge-sheet was filed by the police under Section 302 IPC followed by framing of charge by the Court below accordingly.

(3.) In order to prove the complicity of the accused/appellant in the crime in question, the prosecution has examined 16 witnesses. Statement of the accused/appellant under Section 313 Cr.P.C. was also recorded in which he denied his guilt and pleaded innocence and false implication in the case.