LACHINDHAR KASHYAP Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 07.08.2014 passed by Sessions Judge, Bastar at Jagdalpur (C.G.), in S.T. No.48/2014 convicting the accused/appellant under Sections 302 of IPC and sentencing him to undergo imprisonment for life with fine of Rs. 1,000/- plus default stipulation.

(2.) As per the prosecution case, the accused/appellant was relative of deceased Sakru Kashyap and was permitted to reside in his house adjacent to another house in which the deceased was living along with his family. It is said that on 28.03.2014 when the accused/appellant and the deceased were sleeping, at about 11-100 in night Mitki (PW/1), after hearing the sound, saw the accused/appellant throwing big stone of about 30 kg on the head of the deceased and committing his murder. After the incident, merg intimation (Ex.P/11) was lodged on 29.03.2014 by Mitki (PW/1) followed by FIR (Ex.P/1) under Section 302 IPC against the accused/appellant. Inquest on the body of deceased was conducted on 29.03.2014 vide Ex.P/4 and dead body was sent for postmortem examination to Community Health Center, Lohandiguda which was conducted by Dr. N.S. Nag (PW/7) who gave his report (Ex.P/13) noticing following injuries:-

(3.) After filing of the charge sheet, the trial Judge has framed the charge against the accused/appellant under Section 302 IPC.