RAM DAS ALIAS BHAGAT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 21.10.2009 passed by the Sessions Judge Surguja (Ambikapur) in Sessions Trial No. 19/2008 convicting the accused/appellant under Sections 302 and 307 IPC and sentencing him to undergo imprisonment for life with fine of Rs. 1000/- u/s 302 and RI for 10 years with fine of Rs. 500/- under Section 307 IPC plus default stipulations.

(2.) According to the case of the prosecution, on 22.11.2007 a Pooja ceremony was held in the house of Lal Sai which was attended by the accused/appellant, his family members and also by the deceased. After attending the said ceremony the accused/appellant returned to his house and started pressing the neck of his son Sushil for sacrifice. This act of the accused/appellant was objected to by his wife Kalawati who immediately called Lal Sai and his wife Khukharhin. It is said that when Lal Sai and Khukharhin tried to stop the accused/appellant from such heinous act, he gave a blow with battle-axe on the neck of Khukharhin and also caused injuries to Lal Sai (PW-1) with it, and all this happened at 11-12 PM. At the instance of Bharat Ram (PW- 2) - the nephew of the accused and the deceased, Dehati Nalisi Ex. P-2 was recorded on 23.11.2007 at 10.40 AM followed by FIR Ex. P- 3 registered against the accused/appellant at 10.50 AM for the offences punishable under Sections 302 and 307 IPC. After inquest Ex. P-7, the body of the deceased was sent for postmortem examination which was conducted by Dr. Rajesh Bhajgawali (PW-7) who gave his report Ex. P-18. Injured Lal Sai (PW-1) was also medically examined by the same doctor who gave his report Ex. P-

(3.) In order to prove the complicity of the accused/appellant in the crime in question, the prosecution has examined 07 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.