SUKRAM @ SUKHRAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 17.07.2014 passed by learned Additional Sessions Judge (FTC) North Bastar, Kanker (C.G.) in Sessions Trial No. 06/2013, whereby, the appellant stands convicted and sentenced as under:-

(2.) In the present case, the name of deceased is Dalsai Dugga. Case of the prosecution is that PW-1 Dalsu Dugga, brother of the deceased, had lodged morgue intimation (Ex.-P/1) on 20.10.2012 at about 130 PM. On the date of incident i.e. 19.10.2012, the deceased-Dalsai Dugga brother of PW-1, had gone to the field for guarding of paddy. In the evening at about 4:00 PM, Guddu Dugga (PW-2) came and told that he had gone with the deceased for fishing in Huchadi river. At that time, accused/appellant- Sukhram went near the deceased and assaulted him with the help of axe on his neck and the deceased fell down on the ground. When Guddu was going to save the life of deceased, the accused/appellant also chased for assaulting him (PW-2), then he ran away from that place. After sometime, he went to the place of incident and saw the deceased dead. The deceased sustained injury on the neck by axe and the blood was oozing from the neck.

(3.) The First Information Report (Ex.-P/2) was lodged by Dalsu Dugga (PW1) on 20.10.2012 at about 4:40 PM. The Investigating Officer Naveen Borkar (PW-10) left for the scene of occurrence and prepared spot map under Ex.-P/ After giving notice to the Panchas (Ex.-P/4), inquest on the body of the deceased was prepared under Ex.-P/5. The body was sent for postmortem examination to Community Health Center, Antagarh. Blood stained soil and plain soil were seized under Ex.- P/6. Axe, one black coloured mobile with BSNL SIM were also seized vide seizure memo Ex.-P/9 and as per Ex.-P/10, the accused/appellant was arrested on 27.10.2012.