VIRENDRA KUMAR YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal is filed by the accused/appellant under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'CrPC') against the judgment dated 16/07/2012 passed by the learned Sessions Judge, Janjgir-Champa (C.G.) in Sessions Trial No. 72/2011, whereby the appellant has been convicted for having committed an offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as 'IPC') and sentenced to life imprisonment with fine of Rs.2000/- and in default of payment of fine amount, he has to undergo additional rigorous imprisonment for three months.

(2.) Briefly stated, the case of the prosecution is that on 25/05/2010, the complainant Resham Lal Kashyap has brought "Band Party" from Shivrinarayan for solemnization of wedding of his two sons at his village Munund, police Station Janjgir. The said Band Party went to the field of one Prem Lal Tiwari along with women members of his family on the said date at 6.00 P.M. in order to perform a ceremony, known as "Choolmati" and when they were returning, the accused Virendra Kumar Yadav stopped Band Party and was insisting them to play the Band of his choice. The said Band Party has acted according to him but since a song was not playing of his choice, therefore, he started quarreling and used filthy words and threatened to see them. The members of said Band Party then went for sleeping at 11.00 P.M. after having their meals at the Verandah of complainant's house. Further prosecution story is that one Shobhan Bisi, one of members of the ''Band Party'', has got up the complainant in the night at about 2.30 A.M. and informed him that someone has severely assaulted the deceased Suraj Mahanand by some weapon. On account of the alleged assault, the deceased has received the head injury, as a result of which, huge blood was oozing, which led to his death.

(3.) Based upon the aforesaid incident, the information (Ex. P-1) regarding sudden and unnatural death was lodged by the complainant Resham Lal Kashyap immediately after the incident, i.e. on 26/05/2010 at 2.30 A.M. and, thereafter, a First Information Report (Ex. P-2) was lodged by him against the unknown person while doubting the involvement of the appellant Virendra Kumar Yadav in connection with the crime in question. An inquest was conducted on the body of deceased vide report (Ex. P-11) on 26/05/2010. On the basis of accused's memorandum (Ex. P-7), the used weapon (Axe) was recovered from the Verandah (Kotha) of his house and blood stained weapon (Axe) was seized at his behest vide seizure memo (Ex. P-8) on 04/01/2011.