GOPI BHARGAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this criminal appeal, the accused/appellant has challenged the legality and propriety of the judgment of conviction and order of sentence dated 18.11.2004 passed by the Additional Sessions Judge, District Janjgir- Champa in S.T. No.177/04 by which he has been convicted for the offence punishable under Section 302 of the Indian Penal Code (for short 'IPC') and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.500/-, in default to undergo additional RI for 1 month.

(2.) Briefly stated, the case of the prosecution is that on 7.2.2004 at about 1.00 p.m. in the afternoon the accused/appellant along with Gore Kashyap took the deceased to the house of Faguwa Yadav for having meals together. There all of them consumed liquor and Faguaram cooked the chicken. At about 3.30 p.m. PW-6 Sumitra Bai, wife of Faguwa, raised cries saying "maar diya, maar diya" and hearing her cries, Umesh (PW-1) went to the house of Faguwa Yadav where he was informed by Sumitra Bai that the accused/appellant is running away after killing his father (deceased). On this, Umesh went inside the house and found his father lying dead on the cot in the verandah with bleeding injury on his neck. He rushed to his house and informed his mother about the death of his father. Thereafter he along with Nathuram and Ramsajeevan went to the police station and lodged the report of incident based on which FIR (Ex.P-1) was registered against the accused/appellant under Section 302 IPC. Merg Intimation (Ex.P-2) was recorded at the instance of Umesh (PW-1). Inquest on the dead body was prepared on 8.2.2004 vide Ex.P-4. Body of deceased was sent for post-mortem examination which was conducted by Dr. S.N. Jangde (PW-16) vide Ex.P-20 and he noticed following injuries; ? Incised wound of 4x1/2 cm over right shoulder joint at lateral aspect. ? Incised would of 4 x 1 1/2 cm just below the right mandible. ? Chop wound of 4x6 1/2 cm in size over right lateral anterior aspect of neck, sterno mastoid muscular and carotid artery etc. were cut. The cause of death assigned by the doctor was haemorrhagic shock; mode of death was syncope due to excessive loss of blood as a result of multiple wounds (chop wound over neck) and the death was homicidal in nature.

(3.) After completion of investigation, charge sheet for the offence punishable under Section 302 IPC was filed against the accused/appellant and accordingly the charge was framed by the trial Judge against him. The prosecution in order to bring home the charge levelled against the accused/appellant examined 17 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 and false implication.