NARENDRA VERMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal by the convicted Accused/Appellant is directed against the judgment dated 03.07.2001 delivered by the learned Sessions Judge, Raipur in Sessions Trial No. 29 of 2000 whereby he has convicted for the offences punishable under Section 302 read with Section 382 of the Indian Penal Code. The Accused was sentenced to undergo life imprisonment for the offence of murder and five years rigorous imprisonment for the offence punishable under Section 382 IPC. Both the sentences were ordered to run concurrently.

(2.) The prosecution story, briefly stated is that the deceased Yogesh and accused Narendra Verma had a dispute 4-5 days prior to the occurrence. It is alleged that due to this dispute, the accused was harbouring enmity against the deceased and on the night intervening 6-7 September 1999, the accused murdered the deceased by stabbing him. The body of the deceased was recovered early in the morning on 7.9.1999 Israil Joseph (PW-2) intimated the police and on the basis of this intimation, FIR (Exhibit P/3) was recorded. Thereafter, the accused was arrested. His memorandum statement under Section 27 of the Indian Evidence Act were recorded and on the basis of this statement, the weapon of offence i.e. the Khukhri and the articles of the deceased which had been stolen from the house of deceased were recovered. Finger prints of the accused were also found on the cupboard of the deceased. Postmortem of the deceased was conducted and thereafter, the accused was charged for having committed the aforesaid offences. After trial, he has been convicted and sentenced as above. Hence this appeal.

(3.) We have heard learned counsel for the Appellant and have gone through the entire records.