RAMESH SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant has preferred this criminal appeal being aggrieved with the judgment dated 14.12.2012 passed by the learned Sessions Judge, Raipur in S.T. No.29/2012 whereby he has been convicted for the offence punishable under Sections 302 & 201 of the Indian Penal Code (for short 'the IPC') and sentenced to life imprisonment and fine of Rs.5,000.00 & RI for 3 years with fine of Rs.500.00, with usual default clauses, respectively.

(2.) In the present case name of deceased is Shishupal, elder brother of accused/appellant.

(3.) The prosecution case, in short, is that the accused/appellant, on account of land dispute between him and the deceased, was suspecting that the deceased was practising witchcraft and therefore on 30.10.2011 at about 9 p.m. he along with his son committed murder of deceased by causing several injuries to him by club and thereafter took his body to a thrashing field and burnt it. It is further case of the prosecution that after killing the deceased, the accused/appellant had gone to the village Kotwar Bhikharam (PW-1) and made a confession before him that he had killed the deceased. On coming to know about the incident, Bhikharam (PW-1) had gone to Maan Singh (PW-4), Ghanshyam (PW-5), Jaideep & Omprakash and informed them about the murder of deceased and confession made by the accused/appellant. Thereafter, the aforesaid persons came to the house of PW-1 where they found the accused/appellant sitting. Merg Intimation (Ex.P-1) was recorded on 31.10.2011 at 00.50 hrs at the instance of PW-1. Immediately thereafter at 1 in the midnight FIR (Ex.P-2) was registered against the accused/appellant under Sections 302 & 201 of IPC. Inquest on the body of deceased was prepared vide Ex.P-8. Body was sent for post-mortem examination which was conducted by Dr. S.K. Bagh (PW-9) vide Ex.P-9 and he noticed following injuries;-