MUNNA LAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 11.2.2011 passed by the learned Sessions Judge, Mahasamund in S.T. No.62/10 convicting the accused/appellant under Sections 307 & 302 of the Indian Penal Code (for short 'the IPC') and sentencing him to undergo RI for 5 years with fine of Rs. 1,000/- and RI for life with fine of Rs. 1000/-, plus default stipulations, respectively.

(2.) As per case of the prosecution, on 14.8.2010 at about 9 in the morning the accused/appellant lifted injured Gayatri, 5 years old girl, and threw her on the ground and thereafter he armed with sword chased Hagru (deceased), aged about 80 years, and caused injuries on his head by axe as a result of which he fell down. Deceased was immediately taken to the hospital where he succumbed to his injuries. MLC of deceased was done by Dr. Hemant Chandravanshi (PW-12) and noticed following injuries:-

(3.) After investigation, charge sheet against the accused/appellant herein was filed under Sections 307 & 302 of IPC and accordingly the charges under those sections were framed against him by the trial Court. The prosecution in order to bring home the charges levelled against the accused/appellants examined 12 witnesses in all. Statement of accused/appellant was recorded under Section 313 of Cr.P.C. in which he abjured his guilt and pleaded innocence & false implication.