UDAY SINGH NETAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 22.2.2008 passed by the Sessions Judge, Dhamtari in S.T. No.4/07 convicting the accused/appellant under Section 302 of the Indian Penal Code (for short 'the IPC') and sentencing him to undergo R.I. for life.

(2.) As per the prosecution case, there was old dispute between the accused/appellant and deceased regarding payment of some amount of liquor business. On 3.10.2006 at 4.00 p.m. the accused/appellant, acquitted accused Nirmal and the deceased had together consumed liquor and it is said that thereafter accused/appellant gave three knife blows to the deceased on his stomach as a result of which his intestines came out from the stomach. Incident was witnessed by number of persons including lodger of FIR Bothu @ Sarju Satnami (PW-10) and Bishesar (PW-11). Immediately after the incident at 5.30 p.m. FIR (Ex.P-22) under Section 307 IPC was registered against the accused persons at the instance of Bothu (PW-10). Deceased was taken to the hospital where he succumbed to the injuries at 4.40 p.m. Merg Intimation (Ex.P-23) was registered on the same day at 5.45 p.m. at the instance of Ward Boy - Jogeshwar Das. Inquest was prepared on 3.10.2006 vide Ex.P-10. Body was sent for post-mortem examination which was conducted by Dr. J.S. Khalsa (PW-14) vide Ex.P-21A and noticed following injuries;-

(3.) After investigation, charge sheet against three accused persons including present appellant was filed. The Court below framed the charges under Sections 294 and 302/34 of IPC against acquitted accused Nirmal and present appellant, whereas charge under Section 201 IPC has been framed against another acquitted accused Dhanesh Kumar Netam. The prosecution in order to bring home the charges levelled against the accused persons examined 15 witnesses in all. Statements of accused persons were recorded under Section 313 of Cr.P.C. in which they abjured their guilt and pleaded innocence and false implication.