LARHA RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 04.01.2012 passed by Sessions Judge Jashpur in Sessions Trial No. 76/2010 convicting the accused/appellant under Section 302 IPC and sentencing him to undergo imprisonment for life and pay fine of Rs. 1000/-, plus default stipulation.

(2.) Case of the prosecution in short is that on 27.2010 there was some dispute between the accused and the deceased, who happend to be husband and wife, where the accused is said to have given a club blow on the neck and head of the deceased. As a result of assault, deceased became almost unconscious and on the second day i.e. 23.7.2010 in between 9 and 11 AM she died. Thereafter, accused narrated the incident to Sanal Ram (not examined) at whose instance un-numbered merg Ex. P-5 was recorded on 24.7.2010 followed by un-numbered FIR Ex.P-6. After carrying out Inquest vide Ex. P-9 the dead body was sent for postmortem examination which was conducted by Dr. R.N. Dubey (PW-9) who gave his report Ex. P-11-A. On the memorandum of accused Ex. P-12 seizure of club was made under Ex. P-13 which as per FSL report Ex.P-18 was stained with blood. Thereupon, numbered FIR (Ex.P-4) was also registered against the accused/appellant for the offence punishable under Section 302 IPC. After completion of investigation police filed the challan against him u/s 302 IPC followed by framing of charge accordingly by the Court below.

(3.) In order to prove the complicity of the accused/appellant in the crime in question, the prosecution has examined 09 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.