MADVARI @ AJAY KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of impugned judgment and order dated 12.12.2014 passed by the Fourth Additional Sessions Judge, Ambikapur, District Sarguja (C.G.) in Sessions Trial No. 57/2014 convicting the appellant under Section 302 of the Indian Penal Code (hereinafter referred to as the 'IPC') and sentencing him to undergo imprisonment for life and pay a fine of Rs. 300/- and in default of payment to further undergo rigorous imprisonment for three months.

(2.) In the present case, the name of deceased is Sunder Ram Bargaha. Case of the prosecution is that PW-1 Jhakhi Ram had lodged morgue intimation (Ex.-P/1) on 18-03-2014 at about 15.30 hrs to the effect that on the same day at about 11.00 AM, when he was grazing his goats at dand of the village, heard shouting of his nephew PW-5 Santram that "run-run, my father has been killed by Madvari". He rushed to Bantarai Dand and saw Sunder Ram Bargaha (deceased) breathing slowly, there was cut wound on head with profuse bleeding. Thereafter, he narrated the incident to the village Kotwar and Sarpanch. The ambulance was called by the villagers and the deceased was taken to the hospital, Batouli, where he breathed his last. He also stated there that the accused Madvari ran towards his house after assaulting the deceased. The incident was witnessed by PW-5 Santram and many other villagers. The accused has killed the deceased over property dispute.

(3.) Based on morgue intimation (Ex.-P/1), First Information Report (Ex.-P/2) was registered by Bharadwaj Singh (PW-16) at about 15.40 hours on information by PW-1- Jhakhi Ram against the accused/appellant under Sections 302 of the Indian Penal Code. Bharadwaj Singh (PW-16) sent the copy of FIR to the concerned Magistrate and receipt thereof is Ex.-P/2-A. Inquest report (Ex.-P/8) was prepared by him and he found deep injury on the middle of head of the dead body. The head of the deceased was ruptured. Thereafter, the dead body of the deceased was sent for autopsy. The postmortem examination was conducted by Dr. Ganesh Beck (PW-15), who prepared his report Ex.P/18A. Doctor found that rigor mortis was present in the body of the deceased. There were blood clots in both nostrils and ear. Semen was ejaculated from penis. There was cut wound of size 3" x ?" x 4" on mid anterolatteral left side of head and brain material had come out of head. On internal examination the Doctor found semi circle cut on left parietal bone and brain tissues had come out from there. There was sub depressed hemorrhage on left and front side of wound on head. Skull was broken from back of the face side. There was hemorrhaging on outer and inner tegument of brain, brain was totally damaged. The left and right lungs were pale. Both the chambers of heart were empty. Stomach contained semi digested food material of light yellow color. Small intestine contained liquid material and digested food. Faecal material was present in the large intestine. The Doctor opined that the cause of death of the deceased was due to head injury and caused by hard and sharp object. The death of the deceased was homicidal in nature.