GULAB RATRE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 23.01.2012 passed by the Additional Sessions Judge, Sarangarh, District Raigarh, in Sessions Trial No. 20/2011 convicting the accused/appellant under Sections 302, 201/34 IPC and sentencing him to undergo imprisonment for life with fine of Rs. 2000/- and R.I. for seven years with fine of Rs. 1000/- plus default stipulation.

(2.) In the present case name of the deceased is Ruplal Ratre, elder brother of the accused/appellant.

(3.) It is said that Kumari Bai (PW/4), wife of deceased Ruplal Ratre, was living separately for last 10 years as there was some family dispute between them. Accused/appellant was residing along with his wife and juvenile accused Sanjay Ratre aged about 16 years and in the same house deceased was also residing in an adjacent room. According to the prosecution case, in the night intervening 12-13/03/2011, some quarrel took place between the accused/appellant and deceased in which accused/appellant caused number of injuries including main injury on the neck of the deceased by carpenter axe resulting his instantaneous death. As the deceased bleeded severely, the accused/appellant with the help of juvenile accused cleaned the room and stitched the wound of the neck of deceased by nylon thread of mat lying in the room. On the next day i.e. 102011 at about 12.30 PM, merg intimation (Ex.P/18) was lodged by the accused/appellant informing the police that on the previous night, deceased came in drunken condition and fell on grinding stone resulting into his death. On the same day, inquest on the body of deceased was conducted vide Ex.P/11 and dead body was sent for postmortem examination to Community Health Center, Baramkela which was conducted by Dr. Devraj Behra (PW/1) who gave his report (Ex.P/1) noticing following injuries:-