RADHESHYAM ALIAS RADHELAL YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 26.02.2013 passed by Special Judge Durg in Special Case No. 24/2012 convicting the accused/appellant under Sections 302, 450 and 506-B IPC and sentencing him to undergo imprisonment for life and pay fine of Rs. 5000/- u/s 302, RI for three years with fine of Rs. 1000/- u/s 450 and RI for six months u/s 506-B IPC, plus default stipulations.

(2.) Name of the deceased in this case is Ramadhar who used to practice exorcism. Case of the prosecution in brevity is that the accused/appellant herein used to go to the deceased for getting rid of his health related problems. On 27.8.2011 when the deceased was sitting in his Pooja room, the accused being annoyed with the treatement given by him came there and caused injury on his head with the help of club attached with cycle free-wheel. On hearing the sound of strike with club, son of the deceased went to the spot and saw the accused coming out of the room carrying nail fitted club and when tried to stop him, accused had threatened him too of being killed. Deceased was thereafter taken to the hospital but was declared brought dead. In the meanwhile, at the instance of Hemant Kumar Netam (PW-4) FIR Ex. P-10 was registered against the accused/appellant for the offences punishable under sections 452 and 307 IPC. On the basis of information sent to Police by Bagas Ram Sahu (PW-6), merg Ex. P-13 was recorded. After drawing inquest vide Ex. P-2, the dead-body was sent for postmortem examination which was conducted by Dr. R. Prasanna (PW-7) who gave his report Ex. P-14. On 28.8.2011 memorandum of the accused/appellant Ex. P-6 was recorded based on which a club fitted with cycle free-wheel was seized under Ex. P-7 and as per FSL report Ex. P-33 blood was found thereon. Further case of the prosecution is that son of the deceased Hemant (PW-4) saw the accused coming out of the house of the deceased after committing his murder and made extra judicial confession before PW-5. After investigation, charge-sheet was filed by the police under Sections 450, 307, 302 and 506-B IPC followed by framing of charge by the Court below u/s 302, 506 (Part-II) 450 IPC and 3 (1)(x) and 3 (2) (5) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, hereafter referred to "Special Act".

(3.) In order to prove the complicity of the accused/appellant in the crime in question, the prosecution has examined 14 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.