SAMARU LAL DHANUHAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 28.06.2013 passed by the 1st Additional Sessions Judge, District Bilaspur (C.G.), in S.T. No.117/2012 convicting the accused/appellant under Section 302 of IPC and sentencing him to undergo imprisonment for life with fine of Rs. 1000/-, in default of payment of fine amount to further undergo R.I. for one month.

(2.) In the present case, name of the deceased is Arjun Uraon. As per the prosecution case, on 07.03.2012 at about 8.30 pm, deceased Arjun Uraon and one Pradeep had gone to the house of Samaylal where some dispute cropped up between Samaylal and Arjun Uraon. It is said that deceased Arjun had slapped Samaylal and upon seeing the said dispute, appellant Samaru Lal, son of Samaylal, picked up axe lying on the spot and gave solitary blow on the neck of the deceased resulting his instantaneous death. On 08.03.2012 at 8.50 am, unnumbered FIR (Ex.P/2) was lodged by Surajlal (PW/1), younger brother of the deceased followed by merg intimation (Ex.P/1) at 8.55 am. On the same day, inquest on the body of deceased was conducted vide Ex.P/16 and dead body was sent for postmortem examination to Primary Health Center, Belghana which was conducted by Dr. Anil Kumar Gupta (PW/5) who gave his report (Ex.P/8) noticing following injuries:-

(3.) On 09.02012, memorandum of accused/appellant was recorded vide Ex.P/6, based on which, one axe, green black colour T-Shirt and pant were seized from his possession vide Ex.P/5. Seized articles were subjected to chemical examination and as per FSL report (Ex.P/28), presence of blood on the seized articles was confirmed. After filing of the charge sheet, the trial Judge has framed the charge against the accused/appellant under Section 302 IPC.