LALU RAM SAHU Vs. STATE OF C.G.

JUDGEMENT

(1.) This Appeal arises out of the impugned judgment and order dated 18.05.2012 passed by the Additional Sessions Judge, Balod, District Durg (CG) in Sessions Trial No.8/2012 convicting the accused/Appellant for the offence punishable under Section 449/302 IPC and sentencing him to life imprisonment and fine of Rs.100/- on each count with usual default stipulations.

(2.) In the present case, name of the deceased is Smt Surekha Bai, the daughter-in-law of the accused/Appellant. On 09.12.2011, at about 5.00 p.m, there was an altercation between the Appellant and the deceased and thereafter, the accused/Appellant chased the deceased carrying axe in his hand. It is alleged that the deceased entered the house of her neighbour Chumman Das (PW-2) and it is said that the accused/Appellant also entered the said house and killed the deceased by causing several injuries resulting in her instantaneous death. On 09.12.2011, at 7.00 p.m, dehati nalishi (Ex.P-2) was recorded at the instance of Shobhit (PW-1), husband of the deceased and son of the Appellant. Immediately thereafter, at 7.20 p.m, merg intimation (Ex.P-1) and First Information Report (Ex.P-19) was also registered by Shobhit (PW-1) against the Appellant under Section 302 IPC. Inquest on the dead body of the deceased was prepared on 10.12.2011 vide Ex.P-4 and the body was sent for postmortem, which was conducted on 10.12.2011 vide Ex.P-22 by Dr. Tushar Kant (PW-8) and according to him, cause of death was asphyxia due to hemorrhagic shock on account of deep chopped wound cutting the artery, veins, trachea, esophagus and cervical bone and he further opined that the death was homicidal in nature. On 10.12.2011 itself, memorandum of the accused/Appellant (Ex.P-7) was recorded on the basis of which, seizure of axe was effected (Ex.P-8). However, there was no FSL and serological report on record. After filing the charge sheet, the trial Judge has framed the charge against the Appellant under Section 449/302 IPC.

(3.) In order to establish the guilt of the accused/Appellant, prosecution has examined 9 witnesses. Statement of the accused/Appellant was recorded under Section 313 Cr.P.C in which, he denied the charges levelled against him and pleaded his innocence and false implication in the case.