BHEDAN LAL SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 14.9.2012 passed by the Additional Sessions Judge, Balod, District Durg in S.T. No.32/2012 whereby the learned Additional Sessions Judge has convicted the accused/appellant for the offence punishable under Section 302 of the Indian Penal Code (henceforth 'the IPC') and sentenced him to undergo RI for Life with fine of Rs. 50/-, in default to undergo additional RI for 3 months.

(2.) Facts of the case, in brief, are that Thalesh Bai (since deceased) was having illicit relation with one Bharat Sahu and therefore she started living with him. On 29.5.2012 a compromise was arrived at between the appellant & the deceased and thereafter the deceased returned to the house of accused/appellant. On that night itself, said Thalesh Bai had uttered some uncalled words to the accused/appellant as a result of which he got annoyed and beheaded the deceased with an axe and thereafter he himself went to the police station and lodged FIR (Ex.P-12) based on which offence under Section 302 of IPC was registered against him. Merg Intimation (Ex.P-13) was registered. Inquest over the body was prepared vide Ex.P-3. Dead body was sent for post-mortem examination which was conducted by Dr. T.R. Thakur (PW-7) vide Ex.P-14 and he noticed that;

(3.) After completion of investigation, charge sheet was filed against the accused/appellant and accordingly, the charge under Section 302 IPC was framed against him by the trial Judge.