BANDHURAM BHATRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 23.1.2013 passed by the II Additional Sessions Judge, Bastar at Jagdalpur in ST No.107/2012 convicting the appellant under Section 302 of IPC and sentencing him to undergo imprisonment for life and to pay a fine of Rs.500/- with default stipulation.

(2.) In the present case, name of the deceased is Sukman, nephew of the appellant. It is alleged that on account of old land dispute, on 4.6.2012 at around 4 am the accused/appellant committed murder of Sukman by causing several axe injuries. The entire incident is said to have been witnessed by PW-6 Bondki whereas immediately after the occurrence PW-1 Shankar and PW-2 Badru Ram Kashyap also reached there. After the incident, injured Sukman was taken to Maharani Hospital, Jagdalpur where he succumbed to his injuries on 5.6.2012. In the meanwhile, FIR (Ex.P/10) was registered against the appellant under Section 307 of IPC. After the death of Sukhman, Unnumbered merg (Ex.P/20) and numbered merg (Ex.P/12) were recorded on 5.6.2012. Inquest over the dead body was prepared vide Ex.P/2 on 5.6.2012. The dead body was thereafter sent for postmortem which was conducted on the same day by PW-10 Dr. Mahendra Prasad vide Ex.P/22. He noticed stitched wound present in zygomatic area transverse in diameter upto left ear of size 5 cm x 1 cm approx bone deep and on internal examination found presence of scalp hematoma over left tempo-parietal region of size 4" x 3" approx. and there was internal bleeding in the brain. In his opinion, the cause of death was coma due to shock as a result of head injury. On 5.6.2012 memorandum of the appellant was recorded vide Ex.P/6, pursuant to which one axe and his lungi having stains like blood were seized vide Ex.P/7 and P/8 respectively. After filing of charge sheet, the trial Court framed charge under Section 302 of IPC against the appellant.

(3.) So as to hold the accused/appellant guilty, the prosecution examined 10 witnesses in all. Statement of the accused was also recorded under Section 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication.