RAJENDRA ALIAS RAJU GHANSHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 03.05.2012 passed by Sessions Judge Jashpur, in Sessions Trial No. 59/2011 convicting the accused/appellant under Sections 302 and 201 IPC and sentencing him to undergo imprisonment for life with fine of Rs. 1000/- u/s 302 and RI for 10 years with fine of Rs. 1000/- u/s 449, plus default stipulations.

(2.) Name of the deceased in the present case is Sukeshvar Ghansi - the father of the accused/appellant. According to the case of the prosecution, on 08.02.2011 at about 10 PM the accused/appellant entered the house of one Sheetal Ghansi (PW-2) to collect drinking water and caused club injury to the deceased on the suspicion that he was having illicit relation with his wife Parvati. Injured was immediately taken to hospital and thereafter the FIR Ex. P-1 was lodged on 09.02.2011 at 8.30 AM by Garibo Bai (PW-1)- second wife of the deceased against the accused/appellant under Sections 452 and 323 IPC. Sukeshvar however succumbed to the injuries sustained by him during treatment. Based on the information received from the hospital un-numbered merg Ex. P-7 and numbered one being Ex. P-18 were recorded by PW-3. After inquest, the dead-body was sent for postmortem examination which was conducted by Dr. Anuranjan Toppo (PW-4) who gave his report Ex. P-10. After filing of charge sheet, the trial Court framed the charge against the accused/appellant under sections 452, 323 and 302 IPC. However, the Court below framed the charge under Sections 302 and 449 IPC.

(3.) In order to prove the complicity of the accused/appellant in the crime in question, the prosecution has examined 11 witnesses. Statement of the accused under Section 313 Cr.P.C. was also recorded in which he denied his guilt and pleaded innocence and false implication in the case.