PYARELAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present appellant stands convicted for the offence under Section 302 of IPC and sentenced to undergo rigorous imprisonment for life (till death) with fine of Rs.2,000/- vide judgment dated 30.01.2013 passed by the Sessions Judge, Bastar place Jagdalpur (CG) in Sessions Trial No. 30/2012.

(2.) As per the prosecution case, on 06.02.2012, the appellant after consuming liquor was having a fight with his mother Smt. Gomti Bai. Later, the appellant is said to have picked up a stone and assaulted his mother. The matter was reported to the Police Station Bhodhghat by a neighbour Shyam Sunder Baghel (PW-3). The police party immediately reached to the spot and took the injured Gomati Bai to Maharani hospital Jagdalpur. At Police Station Bodhghat, vide Crime No.60/12 an FIR was registered initially for the offence under Section 307 of IPC which is exhibited as P-10. Subsequently, the said Gomati Bai succumbed to the injuries on 07.02.2012 and the offence was converted to one under Section 302 IPC. After proper investigation, charge sheet was filed before the Magistrate and the matter was later put to trial before the Sessions Judge, Bastar at Jagdalpur in Sessions Trial No.30/12.

(3.) During the course of trial, the prosecution examined as many as 12 witnesses and there was no witnesses examined on behalf of the defence.