JAGAR NATH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this appeal, the appellant has challenged the legality and propriety of the judgment of conviction and order of sentence dated 11/6/2007 passed by the Additional Sessions Judge, Katghora, in Sessions Case No.56/2004 whereby & where under learned Additional Sessions Judge after holding the accused/appellant guilty for commission of offence of murder of his mother and father namely, Janki Bai and Dayaram punishable under Sec. 302 of the Indian Penal Code, sentenced him to undergo imprisonment for life and to pay a fine of Rs.5000.00, in default of payment of fine to further undergo rigorous imprisonment for 2 years on each count.

(2.) Judgment & order are challenged on the ground that without there being any iota of evidence, the Additional Sessions Judge has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

(3.) Case of the prosecution in brief is that deceased Janki Bai and Dayaram mother and father of the appellant were going to village Ghosda from village Kotikharra along with other children on fateful day of 24/62004 at about 8-9 a.m. While they were on way, the accused assaulted his mother Janki Bai and father Dayaram by axe and killed them. Jai Singh (PW-2) 6 years aged son of the appellant was present at the spot. After committing murder of Janki Bai and Dayaram, the accused went to the house of Raisram (PW-7), brother-in-law of the appellant and made extra-judicial confession of murder of his mother and father to him. When Raisram asked about the dead body, the appellant took him and other persons to the place where dead body of the deceased Janki Bai and Dayaram were lying. Raisram also detained the appellant. Merg intimation was recorded vide Ex.P/12. The F.I.R. was lodged by, Raisram vide Ex.P/13 at police outpost Korbi and on the basis of Ex.P/13, numberi F.I.R. was registered. Investigating officer proceeded for the spot where after summoning the witnesses vide Exs.P/1 and P/2, inquest over the dead body of Janki Bai and Dayaram were prepared vide Exs.P/3 and P/4. Dead body of Dayaram and Janki Bai were sent for autopsies vide Exs.P/14 and P/15. The appellant was taken into custody and on the basis of disclosure statement of the appellant vide Ex.P/5, axe was recovered at the instance of the appellant vide Ex.P/6. Plain soil and blood stained soil were recovered vide Exs.P/7 and P/8. The accused was arrested vide Ex.P/9. Spot map was prepared by investigating officer vide Ex.P/9. Spot map was also prepared by Patwari vide Ex.P/11 (A).