LAXMAN SINGH Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 28.04.2005 passed by the 2nd Additional Sessions Judge (F.T.C.), Mungeli (C.G.) in Sessions Trial No.269/2004 convicting the appellant under Section 302 of IPC and sentencing him to life imprisonment with fine of Rs.1000/- plus default stipulation.

(2.) As per the prosecution case, on 09.04.2004 at about 2:30 pm, the accused/appellant killed the deceased Nazur Singh after causing injuries to him by battle axe. Immediately after the incident at 4:25 pm, merg intimation (Ex.P.3) was recorded at the instance of Gopal Prasad (P.W.3), son of the deceased Nazur Singh. Soon thereafter, at 4:30 pm, F.I.R. (Ex.P.2) was registered against the appellant under Section 302 of IPC. After conducting inquest on the dead body, the dead body was sent for post-mortem examination to Community Health Center, Lormi, where Autopsy Surgeon Dr. G.S.Dau (P.W.15) conducted post-mortem examination on 10.04.2004 vide Ex.P.10. As per the post-mortem report, the deceased sustained the following injuries:-

(3.) The Autopsy Surgeon has opined the cause of death to be shock due to excessive hemorrhage because of injuries to major blood vessels of brain and coma due to direct injury to vital part of brain and death was opined to be homicidal in nature.