PURENDRA KUMAR CHANDRAVANSHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dtd. 26/10/2007 passed by the Sessions Judge, Durg in S.T. No.221/06 convicting the accused/appellants under Ss. 302/34 of the Indian Penal Code (for short 'the IPC') and sentencing them to undergo R.I. for Life and fine of Rs.500.00 plus default stipulations.

(2.) In the present case, name of deceased is Ranjan Mohanti.

(3.) As per prosecution case, the deceased used to stay in the house of Budhram (PW-11) even in his absence and on 29/5/2006 said Budhram had gone to his work place i.e. Bhilai Steel Plant and the deceased was in his house. It is further case of the prosecution that having come to know that the deceased is lying dead in his house, Budhram informed PW-9 Sanjay, brother of deceased. Merg Intimation (Ex.P-12) was lodged at the instance of Budhram (PW-11). On 30/5/2006 FIR (Ex.P-20) was registered against unknown person under Sec. 302 IPC. One bloodstained broken tooth, brick in broken condition and pieces of bricks, dried blood of deceased, cuff of sleeve of shirt stained with blood etc. were seized from the spot vide seizure memo of Ex.P-1. Inquest (Ex.P-14) was prepared on the body of deceased on 30/5/2006. Body was sent for post-mortem examination which was conducted by Dr. P. Balkishore (PW-5) vide Ex.P-5 and he noticed following injuries on the body of deceased;- Contusion on both arms of 6x5cm and 5x4cm respectively. Lacerated wound on the left eyebrow of 2 1/2 x 1/2 x 1/2 cm and just below this injury there is a contusion of 6x4cm size with compound fracture of maxilla bone.