JAMDHAR Vs. STATE OF CHHATTISGARH,

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence passed by learned First Additional Sessions Judge, Mahasamund in Sessions Trial No.10/10 on 30.06.2010, whereby the appellant has been convicted under Section 302 IPC and sentenced to undergo life imprisonment along with fine of Rs.100/- with usual default stipulation.

(2.) The Case of the prosecution in brief is that on 16.12.2009 at about 3PM in the afternoon, the appellant and deceased Sait Ram quarreled with each other in front of the house of Pahalwan (PW-7), in which they abused each other. Thereafter, deceased Sait Ram came back to his place of residence and went to send the daughter Divya to her place of residence and when he was coming back at about 4PM, the appellant came armed with a club near the tube well and assaulted the deceased with the club on his head. Deceased fell down on the ground. Mother of the deceased Jemabai (PW-6), who was present nearby, raised alarm, hearing which the other witnesses Sahas Singh (PW-5) and Jagdish Sao arrived on the spot. A report (Ex-P/13) was lodged by Jemabai (PW-6) in Police Station, Basna, District-Mahasamund. On the basis of which, FIR Ex-P/14 was recorded. Offence under Section 302 IPC was registered against the appellant. Inquest on the dead body of the deceased was conducted vide Ex-P/5. Postmortem examination on the body of the deceased was conducted by Dr. B.R. Malik (PW-1) and vide his report Ex-P/1 he opined that the cause of death of the deceased was cardio respiratory failure due to cranial hemorrhage.

(3.) The appellant was taken into custody and at his instance vide Ex-P/8 a club was seized from his possession. During the investigation, one spot map Ex- P/3 was prepared by the Patwari Dilip Kumar Mishra (PW-2). A Panchnama of the spot of incident was prepared vide Ex-P/5. Spot map Ex-P/6 was prepared by investigating officer. Seizure of blood stained soil preserved and sealed condition was made vide Ex-P/7. All blood stained clothes of deceased were seized vide Ex-P/10 and blood stained clothes of appellant/accused were seized vide Ex-P/9. Seized articles were examined by Dr. B.R. Malik (PW-1) and report submitted in this regard is Ex-P/2. Seized articles were also sent to FSL examination and report Ex-P/17 is on record. On completion of investigation, the appellant was charge-sheeted.