DEVRAM VISHWAKARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 15.01.2015 passed by Sessions Judge, North Bastar, Kanker, in Sessions Trial No. 80/2013 convicting the accused/appellant under Section 302 IPC and sentencing him to undergo imprisonment for life and pay fine of Rs. 3000/-, plus default stipulation.

(2.) Case of the prosecution in short is that on 1.5.2013 wife of the accused/appellant namely Rain Bai (PW-7) had gone to the house of Satya Shori (PW-8) and Priyanka (PW-13) where at about 9.30 PM the accused/appellant also came after consuming liquor and knocked at the door. As PW-7 refused for opening the door, the accused/appellant gained entry through the back door carrying Kakoni (sort of iron hook used by labourers). First he caused several injuries to PW-7 and on intervention by the deceased the son of the accused and PW-7, he also assaulted him with the help of the said iron hook carried by him and caused injuries on his neck which resulted in his death while being taken to hospital. FIR Ex. P14 was lodged on the same day by Setkumar Jain (PW-6) - the Up Sarpanch of the village at the relevant time, against the accused/appellant under Section 302 IPC. Soon thereafter, merg Ex. P-13 was recorded at his instance. After drawing inquest Ex. P-3, body of the deceased was sent for postmortem examination which was conducted by Dr. Vijay Shukla (PW-4) who gave his report Ex. P-10. Rain Bai (PW-7) was also medically examined by Dr. J.S. Sahu (PW-3) who gave his report Ex. P-9. Clothes of the accused were seized under Ex. P-5 whereas the iron hook (Kakoni) was seized under Ex. P4, and as per the FSL report Ex. P-19 blood was found on the clothes of the accused/appellant. As per the serological report Ex. P-19-A the group of the blood appearing on the clothes of the accused/appellant and that of the deceased was found to be "B". Though at the time of evidence wife of the accused (PW-7), Sughan Bai (PW-1) and Satya (PW-8) have turned hostile, Ku. Priyanka (PW-13) the niece of the accused has duly supported the case of the prosecution stating about the manner in which the deceased was killed by the accused. After completion of investigation, police filed the challan against the accused/appellant u/s 302 IPC followed by framing of charge by the Court below accordingly.

(3.) In order to prove the complicity of the accused/appellant in the crime in question, the prosecution has examined 13 witnesses. Statement of the accused/appellant under Section 313 Cr.P.C. was also recorded in which he denied his guilt and pleaded innocence and false implication in the case.