DAYA RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 30th August, 2002 passed by the 3rd Additional Sessions Judge (Fast Track Court), Raigarh in Sessions trial No. 133/2001, whereby and whereunder learned Additional Sessions Judge after holding the accused/appellant guilty for commission of offence under Section 302 of the I. P. C. , for committing the murder of khadbad, sentenced him to undergo imprisonment for life, however, he has been acquitted from charge under Section 201 of the I. P. C.

(2.) CASE of the prosecution, in brief, is that wife of accused Dayaram started residing with Anjore Singh (son of deceased khadbad) as his wife and for that reason the accused was having grudge against the family of Khadbad. On 6-5-2001 at about 4 p. m. Khadbad along with his granddaughter nidra Bai went to his agricultural field, the accused/appellant came there and pushed Khadbad as a result of which he fell down. Thereafter, the accused attacked khadbad on his head with a stone. Seeing this, Nidra Bai returned to her house and informed her mother Rath Kunwar about the incident, Rath Kunwar, in turn, informed the villagers. Yadunandan (PW-5)tried to intervene, but on account of the injuries sustained by Khadbad, he succumbed to the injuries instantaneously. The matter was reported by Rath Kunwar to Police Station kotwali, Raigarh under Dehati Nalishi ex. P1. Merg intimation Ex. P2 was also given by Rath Kunwar. F. I. R. Ex. P-18 was registered by the Station House Officer, police Station Kotwali, Raigarh.

(3.) THE Investigating Officer left for the scene of occurrence and after giving notice ex. P-10 to the Panchas, he prepared inquest Ex. P-11 on the body of Khadbad. One axe was seized under Ex. P-13. Bloodstained soil and plain soil were seized under Ex. P-14 from the place of occurrence. Stone, the weapon of offence, was seized under Ex. P-15 from the place of occurrence. One Lungi was seized under Ex. P-16. The body of khadbad was sent to K. G. Hospital, Raigarh for post-mortem examination where Dr. Ekbal Singh conducted post-mortem on the body of Khadbad. He opined that cause of death is injuries to brain and face, multiple fracture of facial bone and death was homicidal in nature. He prepared post-mortem report Ex. P-3.