JALSINGH RATHIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence dated 05.02.2013, passed in S.T. No.53/2011, passed by the learned 2nd Additional Sessions Judge, Raigarh, District Raigarh (C.G.), whereby and whereunder the learned 2nd Additional Sessions Judge has convicted the appellant under Section 302 and 436 of the Indian Penal Code and sentenced him to undergo imprisonment for life and to pay fine of Rs. 3000/- and to further undergo R.I. for 7 years and to pay fine of Rs. 2000/- with default stipulation, respectively.

(2.) The case of the prosecution in brief is that the appellant Jalsingh Rathiya is the son-in-law of the deceased -Mankunwar. The appellant was residing along with his mother-in-law and wife in the house of the deceased. The deceased Mankunwar had sold certain land and thereafter the appellant started demanding money of sale consideration. The deceased having denied to give money, it resulted into frequent quarrel and dispute. Lastly on 17.02011 at about 9.30 PM at Village- Khadgaon, after the appellant reached home, he demanded amount of Rs. 10,000/- and asked her wife Rambati to get the amount from her mother in absence of fulfilling the demand otherwise extended threat that he would kill her mother. Thereafter, having offered the food, the accused threw away the food and subsequently, when the altercation aggravated, the appellant assaulted the deceased by axe on her temple and thereafter set the house on fire. The report was made by the son of the deceased Pitambar Rathiya and initially a case under Section 307 and 436 of the Indian Penal Code was registered. When the deceased was admitted to the hospital, during the course of treatment, she died on 18.02011. The police started investigation on the report and the treatment sheet was seized along with other documents. From the spot, the articles were seized and the appellant was taken into custody. On his memorandum statement, the weapon used for commission of crime i.e. axe was seized. After investigation and recording of statement of the witnesses, charge-sheet was filed under Section 302 and 436 of the Indian Penal Code.

(3.) During the course of trial, the appellant accused abjured his guilt and claimed to be tried. It was contended that the appellant has been falsely implicated in this case. The prosecution on their behalf has examined as many as 19 witnesses. In defence, the appellant did not adduce any evidence. Learned Court below after evaluating the the evidence and the facts, convicted the accused as aforesaid. Hence this appeal.