ARUN YADAV @ DOMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgement of conviction and order of sentence dated 03.01.2013 passed by the Third Additional Sessions Judge Durg, Session Division, Durg (C.G.), in Sessions Trial No. 46 of 2012, convicting the accused/appellant under Section 302 of the IPC and sentencing him to undergo imprisonment for life and to pay fine of Rs. 1000/- with default stipulation for commission of murder of one Manish Rao Sinde.

(2.) As per the prosecution case, deceased Manish Rao Sinde was residing in Durg (near Anganbadi). On 27.10.2011 at about 7.00 PM, deceased Manish Rao Sinde, Rohit @ Parmeshwar and accused/appellant Arun Yadav @ Doma were standing near the house of Sandhya Sahu. After some time, quarrel started between the appellant and the deceased and during quarrel the appellant assaulted the deceased by knife on his stomach. The deceased was referred to District Hospital Durg for treatment but he died on the same day during the course of his treatment. Merg intimation was given to the Police as per Ex. P-13, Dehatinalshi Ex.P-24 was recorded by Sub-Inspector P.P. Awadhiya on the basis of Dehatinalshi Ex.P-24, First Information Report ExP-26 was registered against the appellant. During investigation statements of the witnesses were recorded under Section 161 of the Cr.P.C and certain articles were seized. After completion of the investigation, charge sheet was filed against the accused/ appellant in the Court of Judicial Magistrate First Class, Durg, who, in turn, committed the case to the Court of Sessions Judge, Durg. The appellant was charge sheeted under Section 302 of the IPC to which he did not plead guilty, therefore, trial was conducted. After completion of evidence of the prosecution side, statement of the appellant under Section 313 of the Cr.P.C. was recorded and after completion of trial, the trial Court considering the material available on record by the impugned judgement convicted and sentenced the accused/appellant as mentioned above.

(3.) Learned counsel appearing for the accused/appellant submits as under: