FAGNURAM Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal is directed against the judgment dated 21.10.2011 passed in Sessions Trial No. 77 of 2011 by the 2nd Additional Sessions Judge, Jagdalpur at Kondagaon, Bastar convicting and sentencing the accused/Appellant as under: <FRM>JUDGEMENT_61_LAWS(CHH)1_2018_1.html</FRM>

(2.) Case of the prosecution, in brief, is that on 19.3.2009, Karun (deceased), son of Renuram (PW5), saying that he was going to visit fair, had gone out of home. He did return. On making search, he was found. On 22.3.2009 at about 7:00 a.m., the accused/Appellant informed Renuram that Karun had committed suicide in his house by hanging himself. Renuram went to the house of the Appellant and saw dead body of Karun. On 22.3.2009 itself, he lodged morgue intimation (Ex.P9). Plain and blood stained soil were seized from the place of occurrence vide Ex.P6. The rope which had been laced in the neck of the deceased was seized vide Ex.P7. Inquest (Ex.P5) was prepared. Spot-map (Ex.P3) was also prepared. The dead body was sent for post mortem examination. Post mortem examination was conducted by Dr. Prabhakar Ghote (PW1). He gave his report (Ex.Pl) in which he found that blood was oozing out of nose, there was swelling in both the testicles, an injury was present on the right thigh, blood was mixed in urine, body had started decomposing and a post death mark was present on the neck. Duration of the injuries was opined to be within 72 hours. Cause of death was opined to be asphyxia due to chest injury and the nature of death was opined to be homicidal. On the basis of morgue inquiry, First Information Report (Ex.P11) was registered on 1.4.2009. Statements of witnesses were recorded under Section 161 Cr.P.C. On completion of the investigation, a charge-sheet was filed against the accused/Appellant for offences punishable under Sections 302 and 201 of the Indian Penal Code. Charges were framed against him under Sections 302 and 201 of the Indian Penal Code.

(3.) To rope in the accused/Appellant, the prosecution examined as many as 8 witnesses. Statement of the accused/Appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the guilt and pleaded innocence. No witness has been examined in his defence.