RAMHAU RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 26.04.2012 passed by Additional Sessions Judge, Durg in Sessions Trial No. 166/2009 convicting the accused/appellant under Section 302 IPC and sentencing him to undergo imprisonment for life and pay fine of Rs. 5000/-, plus default stipulation.

(2.) Name of the deceased in the present case is Khubiram Sinha. Case of the prosecution is that as the accused/appellant was suspecting the deceased to be the one at whose instance his wife had filed a maintenance case against him, he started nurturing enmity with him and eventually on 9.8.2009 at 6 AM killed him by inflicting number of club injuries on his head. Incident is said to have been witnessed by Chandrahas Sahu (PW-10) and Jhagendra Sahu (PW-11). On the same day at 11 AM FIR (Ex.P-7) was registered against the accused/appellant at the instnce of Nutan Kumar Sinha (PW-3) the nephew of the deceased. However, as the deceased was brought dead to the hospital, un-numbered merg Ex. P-1 was recorded on the same day at 10.15 AM followed by numbered merg Ex. P-2 recorded on the same day 9.40 PM. After drawing inquest vide Ex. P-4, the dead-body was sent for postmortem examination which was conducted by Dr. S.S. Rajput (PW-14) who gave his report Ex. P-25. On the memorandum of accused/appellant Ex. P-10, seizure of soil, blood stained club, blood stained vest and a bicycle, was made under Ex. P-11, P-12 and P-13. Court below framed the charge against the accused/appellant herein under Sections 120-B and 302 IPC whereas against the co-accused namely Tikaram it was under Section 120-B and 302/34 IPC.

(3.) In order to prove the complicity of the accused persons in the crime in question, the prosecution has examined 14 witnesses. Statements of the accused persons under Section 313 Cr.P.C. were also recorded in which they denied their guilt and pleaded innocence and false implication in the case.