BIRENDRA NARETI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellant under section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr. P.C. in short) against the judgment dated 27.7.2012 passed by the Sessions Judge, North Bastar Ranker (C.G.), in Sessions Trial No. 129/2011 whereby the appellant has been convicted for having committed an offence punishable under section 302 of the Indian Penal Code (for brevity, the I.P.C.) and sentenced to life imprisonment with fine amount of Rs. 500/- and, in default of payment of fine amount, he has to undergo additional rigorous imprisonment for three months.

(2.) Briefly stated, case of the prosecution is that on 4.7.2011, the appellant assaulted his mother Jayamati Bai with an axe on her head, as a result of which, she died on the spot. It is alleged that on the fateful day, appellant's brother Ram Charan went to his agricultural land alongwith his family members and at that time, appellant, his brother's daughter-in-law, namely, Hiraya Bai and mother Jayamati Bai were at home. It is alleged further by the prosecution that the alleged incident took place when appellant's mother refused to provide him Mahuwa liquor, owing to which, appellant got annoyed and inflicted his mother with the aid of axe, resulting in her instantaneous death.

(3.) Based upon the aforesaid incident, merg intimation (Ex. P.2) was lodged by the appellant's brother Ram Charan on 6.7.2011 while narrating the incident and immediately thereafter F.I.R. (Ex. P. 1) was lodged by him before the Station House Officer, Badgaon, Distt. North Bastar Ranker against his brother Birendra Nareti under section 302, I.P.C. Inquest of the dead body was conducted on 6.7.2011 vide Ex. P.3. After inquest, the dead body of the deceased was sent for autopsy to Community Health Center, Pakhanjur where Dr. S. Shinde (P.W. 6) conducted post-mortem examination of the dead body of the deceased and submitted its report vide Ex. P. 7 opining that the cause of death was cardio respiratory failure due to cerebral haemorrhage and is homicidal in nature. During investigation, the used weapon of offence, i.e., axe was recovered vide seizure memo (Ex. P.5) from the place of incident.