SHIV PRASAD MARAVI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 22.3.2014 passed by the Sessions Judge, Bilaspur in Sessions Trial No.138/2013 convicting the accused/appellant under Sections 302 and 307 IPC and sentencing him to undergo imprisonment for life with fine of Rs.2000/- and RI for 7 years with fine of Rs.2000/- with default stipulations respectively.

(2.) In the present case, name of the deceased is Kunwarmati Bai, step mother of the appellant. It is alleged that though the appellant was living separately but was interested in getting the land in question partitioned and on account of that there used to be frequent quarrel between the appellant and the deceased. It is alleged that in the night intervening 29/30th April, 2013 the appellant after consuming liquor first caused injuries to his step brother PW-2 Bholaprasad Marvai and thereafter started assaulting his step mother Kunwarmati Bai by brick. Both the injured PW-2 and Kunwarmati Bai were taken to hospital where Kunwarmati succumbed to his injuries. As per MLC of PW-2 (Ex.P/27) conducted by PW-16 Dr. Dharmendra Kumar, he was in semi-conscious condition due to assault, there was a lacerated wound on the skull over occipital region and he advised for CT scan of the patient. In reply to the query whether the injury suffered by PW-2 is dangerous to life, the doctor (PW-15 Dr. KN Choudhary) gave his opinion vide Ex.P/20 that it is dangerous to life. On 1.5.2013 FIR (Ex.P/1) was registered against the appellant under Sections 294, 506 and 323 of IPC. After death of Kunwarmati Bai on 2 nd April, 2013, merg intimation was initially registered as zero number at Police Chowki- CIMS, Bilaspur and thereafter, numbered merg (Ex.P/17) was registered on 3.5.2013. Inquest over the dead body was conducted on 3.5.2013 vide Ex.P/3. The dead body was sent for postmortem which was conducted on the same day by PW-16 Dr. Dharmendra Kumar vide Ex.P/28 who noticed five stitched wounds over right side of cheek, abrasions over right side of cheek, lacerated wound over right zygomatic region just below right eye, stitched wound from left ear to tempoparietal and occipital region, linear fracture over left tempo- parietal and occipital region and subdural hematoma all over brain. In his opinion, the cause of death was coma due to head injury. On the memorandum of the appellant recorded on 2.5.2013 (Ex.P/5), the brick used in commission of the crime having stains like blood was seized vide Ex.P/6 and likewise, the clothes worn by the appellant at the time of incident were also seized vide Ex.P/8. While framing charge, the trial Judge framed charges under Sections 302, 307 and 506 Part-II of IPC against the appellant.

(3.) In order to prove the complicity of the accused/appellant in the crime in question, the prosecution has examined 16 witnesses. Statement of the accused under Section 313 Cr.P.C. was also recorded in which he denied his guilt and pleaded innocence and false implication in the case.