MUKESH NAGESIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 11.03.2008 passed by learned Sessions Judge, Jashpur, District Jashpur (C.G.) in Sessions Trial No. 68/2007, whereby, the appellant stands convicted and sentenced as under:-

(2.) In the present case, the name of deceased is Sukru Ram. Case of the prosecution, in brief, is that First Information Report (FIR Ex.-P/5) was lodged on 04.03.2007 at about 09:30 AM by Sunil Kerketta (PW-6), in which, he stated that at about 7:00 AM information was received by Paaras that yesterday i.e. 03.03.2007 at about 5:00 PM, accused/appellant- Mukesh Nagesiya has murdered his maternal grand-father (deceased) with the help of axe. On this information, he (PW-6) went along with Kaladayus, Sudhir and Junus to the house of the deceased and saw that the deceased lying dead on the ground in the mat where he used to sleep. The deceased sustained injuries on his forehead and nose and blood was oozing. Thereafter, he alongwith Sukhdeo and Simon went to police station to lodge the report.

(3.) The Investigating Officer left for the scene of occurrence and inquest was prepared under Ex.-P/2. Nazri-naksha and Panchnama were prepared by Patwari Bhagwati Charan Tandon (PW-5) under Ex.-P/3 and Ex.-P/4. Blood stained soil and plain soil were seized from the place of occurrence. The accused /appellant was arrested on 04.02007 and his memorandum (Ex.-P/11) was recorded on 04.02007. On the basis of memorandum (Ex.-P/11), an axe was seized at the instance of the appellant under Ex.-P/12. Full-pant and T-shirt of the accused were seized under Ex.-P/13 in which blood stains were found. During investigation, 161 Cr.P.C. statements of PW-1 Sukhdeo Ram, PW-7 Kasturam and other villagers were recorded wherein they have stated that the accused/appellant has made extra-judicial confession that he has killed his maternal grand-father.