RATI PRADHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 18.07.2012 passed by the Sessions Judge, Raipur, in S.T. No.222/2011 convicting the accused/appellant under Section 302 of IPC and sentencing him to undergo rigorous imprisonment for life with fine of Rs. 1,000/- plus default stipulation.

(2.) As per the prosecution case, deceased Debo Kshatriya was a close friend of the accused/appellant and almost every day they used to meet each other and roam around various places. On 17.06.2011, the accused/appellant and deceased had gone to mobile shop of Himanshu Chandrakar (PW/9) to recharge their mobiles. It is said that from the shop accused/appellant and the deceased committed theft of cell phone belongs to Himanshu Chandrakar (PW/9). On 18.06.2011, Himanshu Chandrakar (PW/9) had gone to appellant's house and could get his cell phone but in respect of SIM of the said cell phone it was disclosed by the appellant that the SIM is with the deceased and they would return the same. Further case of the prosecution is that in the evening, PW/9 and his friend could catch the appellant and the deceased & they beat the deceased by hands and fists. The deceased was annoyed with PW/9 and his friend and had asked the appellant to take revenge, however, the appellant asked the deceased not to take any revenge and during the said discussion, some hot talk took place between them and it is said that the appellant throttled the neck of the deceased and committed his murder. Body of the deceased was found near the railway track. On 19.06.2011 at 6.00 am, inquest on the body of deceased was conducted vide Ex.P/1 and dehati merg (Ex.P/14) was recorded at 10.00 am of unknown body. However, after some time, body was identified to be that of deceased Debo Kshatriya and his body identification memo is Ex.P/6. After inquest, dead body was sent for postmortem examination to Dr. Bhimrao Ambedkar Hospital, Raipur where Dr. S.K. Bagh (PW/13) conducted postmortem examination on the body of deceased and gave his report (Ex.P/10) noticing following injuries:-

(3.) On 20.06.2011 FIR (Ex.P/15) was registered against unknown person under Section 302 IPC. On 206.2011 memorandum of the accused/appellant (Ex.P/7) was recorded, based on which, one Gamcha was seized vide Ex.P/8 and it is said that the said Gamcha was identified by Vishnu Sagar (PW/6) to be that of the deceased. After filing of charge sheet, the trial Court framed charge under Section 302 IPC against the appellant.