SHASHIBHUSHAN PATNAYAK Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) This appeal is directed against impugned judgment of conviction and order of sentence dated 16.04.2014 passed by the Additional Session Judge, Raigarh, Chhattisgarh in Sessions Trial No.60 of 2013 whereby & whereunder the appellant has been held guilty of commission of offence punishable under Section 302 of IPC and sentenced to life imprisonment and to pay fine of Rs. 5,000/- and in default of payment of fine, further RI for one year.

(3.) Prosecution case is that on 07.02.2013 at about 8 am in the morning, while the appellant was taking away manure from the courtyard area, deceased- Sukanti, his sister-in-law asked him not to take it away. At that time, Phanindra (PW-1), brother of the appellant & husband of the deceased and Govind Singh (PW-2), the village Sarpanch were also present on the spot. The appellant is then said to have picked up a shovel and inflicted a lethal blow on the head of the deceased with so much force that there was transverse fracture and opening the skull and the brain matter was scattered out resulting in instant death of Sukanti.