DILIP SONWANI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 26.11.2014 passed by the III Additional Sessions Judge, Balodabazar in ST No.37/2014 convicting the appellant under Section 302 of IPC and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 500/- with default stipulation.

(2.) As per prosecution case, Santosh, elder brother of the appellant, was having suspicion in his mind that the appellant has some illicit relation with Hemlata, wife of Santosh. On 20.3.2014 both the appellant and Santosh consumed liquor and Santosh went to sleep in his room. However, at about 11 pm Santosh woke up and saw the appellant talking to his wife Hemlata and then chased him carrying axe in his hand. Out of fear the appellant fled from there and took shelter in the house of one Ganesh, who was his maternal uncle in relation. However, in the next morning at about 8.30-9.00 Santosh again chased the appellant, on which the appellant while running away entered the house of Sevakram (deceased) and when Sevakram objected to his entry into his house and started shouting, he (appellant) assaulted him with iron (press) and club as a result of which he died. At that time, PW-5 Ku. Varsha, daughter of the deceased, returned from her school, saw the dead body of her father and then she immediately rushed to the house of her neighbour PW-4 Raju Yadav and informed him about the incident. After seeing the dead body, Raju Yadav in turn informed about the same to Shivram Yadav (PW-1) over telephone and also informed other villagers. In the meanwhile, the appellant was confined in the room by bolting the door from outside by one Deendayal. Further case of the prosecution is that number of villagers had gathered there and in their presence the appellant was shouting that it is he who killed Sevakram by assaulting him with iron (press) and club. Soon thereafter the police also reached there and arrested the appellant from the spot. At 10 am FIR (Ex.P/2) was lodged on 21.3.2014 by PW-1 Shivram Yadav, brother of the deceased, against the appellant u/s 302 of IPC. Thereafter, at 10.15 am merg intimation Ex.P/1 was registered at the instance of PW-1. Inquest over the dead body was conducted vide Ex.P/4 on 21.3.2014 and thereafter the dead body was sent for postmortem which was conducted on the same day by PW-8 Dr. S. Sachdev vide Ex.P/14 who noticed as many as 10 lacerated wounds over right eyebrow with orbital bone fracture, over nasal root with nasal bone fracture, over left cheek, near right nostril with fracture of maxilla, right side of chin with fracture of mandible, left side of upper lip, left side of lower lip, over occipital region with occipital bone fracture, right middle finger, dorsum left palm; contusion over right side of chest and breaking of upper & lower incisor and canine teeth. In his opinion, the cause of death was complication of intracerebral hemorrhage due to head injury and that the death was homicidal in nature.

(3.) So as to hold the accused/appellant guilty, the prosecution examined 11 witnesses in all. Statement of the accused was also recorded under Section 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication.