SITA RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 30.4.1998 passed by the 7th Additional Sessions Judge, Bilaspur in S.T. No.400/97 whereby the accused/appellant has been convicted under Sections 307 & 302 of the Indian Penal Code (for short 'the IPC') and sentenced to undergo R.I. for 10 years and R.I. for Life.

(2.) As per prosecution case, on 28.6.1997 at about 9.00 in the morning on account of old land dispute the accused/appellant firstly inflicted injuries to Rammu (PW-9) by axe as a result of which he became unconscious. Thereafter the accused/appellant chased Panchu and committed his murder by causing axe injuries to him. FIR (Ex.P-4) was registered on the same day at 10.30 a.m. at the instance of Ramswaroop (PW-2). Merg (Ex.P-15) was also registered on the same day. Inquest on the dead body was made vide Ex.P-9. Dead body was sent for post-mortem which was conducted by Dr. R.K. Gupta (PW-8) vide Ex.P-12 and he noticed following injuries;-

(3.) On completion of investigation, charge sheet for the offence punishable under Sections 302 & 307 of the IPC was filed against the accused/ appellant and accordingly the charges were framed against him by the trial Court. The prosecution in order to bring home the charge levelled against the appellant had examined 9 witnesses in all. Statement of accused/appellant was recorded under Section 313 of Cr.P.C. in which he abjured his guilt and pleaded innocence & false implication.