MANU @ MANSU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 06.06.2012 passed by the Sessions Judge, Sessions Division, Jashpur (C.G.) in Sessions Trial No. 60/2011 convicting the appellant under Section 302 of IPC and sentencing him to undergo imprisonment for life and pay a fine of Rs. 1,000/- with default stipulation.

(2.) In the present case, the name of the deceased is Suresh Gupta. On 20.03.2011, in the midnight, a First Information Report (Ex.P/1) was lodged by PW- 1, Pramod Kumar Gupta, son of the deceased and the eye-witness to the incident alleging in it that on 20.03.2011 at the eve of holi-festival, in the night number of relatives were present in his house. His father Suresh Gupta (deceased) left the house by saying that he would return after sometime and when he did not return, he (PW-1) and his maternal uncle Shiv Kumar Gupta (PW-3) had gone to search him (deceased) and then near the fence of Huna (DW-2), they saw the accused/appellant beating the deceased by a tangi and Axe. He has stated that after hearing the cries of Shiv Kumar (PW-3), accused fled away from the spot. Based on this F.I.R., offence under Section 302 of IPC was registered against the accused/appellant. Immediately thereafter merg intimation (Ex.-P/2) was recorded on 21.03.2011. Inquest on the dead body was conducted vide Ex.-P/3 on 21.03.2011 and the body was sent for postmortem. The postmortem examination was conducted by PW-2, Dr. C.D. Bakhla, who noticed following injuries on the body of the deceased:-

(3.) After investigation, the charge-sheet was filed against the accused/appellant under Section 302 of IPC and while framing the charges, the trial Judge framed the charge against the accused/appellant under Section 302 of IPC.