MOTIRAM @ BODHAN @ BHIM VERMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 28.07.2012 passed by the Sessions Judge, Raipur (C.G.), in Sessions Trial No.261/2011 convicting the accused/appellant under Section 302 IPC & sentencing him to undergo imprisonment for life and also to pay fine of Rs. 1,000/-, in default of payment of fine amount to further undergo R.I. for one month.

(2.) In the present case, name of deceased is Yashoda Bai, wife of Tejram Verma (PW/3). Appellant is brother-in-law (tsB) of the deceased. It is said that there was an old dispute between the deceased and the appellant with regard to discharge of water from the kitchen garden. Their kitchen gardens are adjacent to each other and both were facing water-logging problem. On 07.09.2011 at about 3.00 PM, it was raining, and a quarrel took place between them as to why the appellant did not break the mount of his kitchen garden to flush rainy water. Thereafter, deceased went for her work. On the same day at about 5.00 PM, when the deceased was returning to her house and talking to Ratan Sen (PW/1), the appellant came there, gave axe blow on the head of the deceased resulting in her death and fled away from the spot. After hearing the sound of quarrel, daughters of deceased Ku. Annapurna (PW/2), Ku. Chandani (PW/6) and Ku. Yogeshwari (PW/7) came out of their house and saw the deceased in the pool of blood. On the same day at about 06.45 PM, at the instance of Tej Ram (PW/3), FIR (Ex.P/3) was registered against the appellant on the allegation of commission of offence under Section 302 IPC followed by merg (Ex.P/2) at 06.55 PM. Inquest on the body of deceased was conducted on 07.09.2011 vide Ex.P/4 and body was sent for postmortem examination to Community Health Center, Tilda, District Raipur where Dr. A.A. Siddiqui (PW/9) conducted postmortem on the body of deceased and gave his report (Ex.P/9) noticing following injuries:-

(3.) From the spot, bloodstained soil and plain soil were seized vide Ex.P/11. Clothes of the deceased was also seized vide Ex.P/7. Memorandum of the appellant was recorded vide Ex.P/12, based on which, axe was seized from the front side of the house of Kotwar, vide Ex.P/1 Seized articles were subjected to chemical examination, and as per FSL report (Ex.P/18), presence of blood was confirmed thereon, however, there is no serological report on record to confirm its group and origin. After filing of the charge-sheet, the trial Court framed charge against the accused/appellant under Section 302 IPC.