LAWS(CHH)-2017-5-105

CHAIN SINGH Vs. STATE OF CHHATTISGARH

Decided On May 02, 2017
CHAIN SINGH Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 25.10.2007 passed by the Sessions Judge, Rajnandgaon, in S.T. No.95/2007 convicting the accused/appellant under Section 302 IPC and and sentencing him to undergo imprisonment for life with fine of Rs.2000/-, in default of payment of fine amount to further undergo S.I. for six months.

(2.) In the present case, name of the deceased is Amrit Bai W/o Dhansai, who is younger brother of the appellant. As per the prosecution case, the partition of the family property between Dhansai and the appellant had already taken place and they were living separately. On 27.06.2007 when Dhansai was working in his field, the accused/appellant committed murder of the deceased by causing injury on her head by iron door plate. Hiru Ram (PW/2), who witnessed the entire incident, immediately asked his son to pass on the said information to Dhansai, who in turn, immediately after coming to know about the incident reached the spot. At the instance of Dhansai (PW/1), un-numbered merg Ex.P/2 was recorded on 27.06.2007 at 10.30 am, on same day at 10.45 am dehati nalisi Ex.P/1 was recorded and numbered merg was also recorded vide Ex.P/17. Based on merg intimation (Ex.P/17), F.I.R. Ex.P/18 was registered on 27.06.2007 itself under Section 302 IPC against the accused/appellant. On 27.06.2007, inquest on the body of deceased was conducted vide Ex.P/7 and dead body was sent for postmortem to Primary Health Center, Dongargaon where postmortem examination on the body of deceased was conducted by Dr. S. S. Devdas (PW/10) who gave his report Ex.P/15 and found following injuries:-

(3.) After investigation, charge sheet was filed against the accused/appellant under Section 302 IPC and accordingly charge was framed against him by the trial Court.