MAJJI SOMA Vs. STATE CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 21.01.2015 passed by the Sessions Judge, Dakshin Bastar (Dantewara) in Sessions Trial No. 56/2008, convicting the accused/appellant under Sections 302 of Indian Penal Code and sentencing him to undergo imprisonment for life.

(2.) Facts of the case in brief are that on 16.01.2008 FIR (Ex. P/3) was lodged by Wacham Kumma (PW-4) uncle of the accused/appellant regarding death of deceased- Karve and deceasedKanda. On the basis of this, offence under Section 302 of IPC was registered against the accused/appellant regarding the death of deceased- Karve and deceased- Kanda. Merg intimation in respect of deceased- Wacham Karve vide Ex.P/2 and merg intimation in respect of deceased- Wacham Kanda were recorded at the instance of PW-4- Wacham Kumma, uncle of the accused/appellant. Inquest on the dead body of deceased -Wacham Karve was prepared vide Ex.P/6. Inquest on the dead body of deceased Wacham Kanda was prepared vide Ex.P/7. The bodies of both the deceased namely Wacham Karve and Wacham Kanda were sent for postmortem vide Ex. P/09 and Ex. P/10 respectively and the doctor opined that cause of death of deceased Wacham Karve and Wacham Kanda is coma due to hemorrhagic shock on account of excessive bleeding and according to his opinion nature of death was homicidal. After receiving postmortem report, FSL report and after completing the usual investigation, charge sheet was filed against the appellant under Section 302 of Indian Penal Code. While framing charge the trial Court framed charge against the accused/appellant under Section 302 of IPC.

(3.) So as to hold the accused/appellant guilty, the prosecution examined 10 witnesses in all. Statement of the accused was also recorded under Section 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication. No defence witness has been examined.