LAWS(CHH)-2009-12-5

SARADHURAM Vs. STATE OF CHHATTISGARH

Decided On December 04, 2009
Saradhuram Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment of conviction and order of sentence dated 15-2-2002 passed by the Second Additional Sessions Judge (F.T.C.), Kanker, in Sessions Trial No. 198/2000 whereby and whereunder learned Second Additional Sessions Judge after holding the appellant guilty for the offence of murder punishable under S.302 of the Indian Penal Code sentenced him to undergo imprisonment for life.

(2.) JUDGMENT and order are challenged on the ground that without there being credible evidence to connect the appellant in the crime in question, the Court below has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

(3.) CAUSE of death was shock as a result of internal heamorrhage and death was homicidal in nature. Sealed hairs of the deceased were recovered vide Ext. P / 2. One bloodstained shirt, one bloodstained shawl and one bloodstained blanket were recovered from the spot vide Ext. P / 5. The appellant was taken into custody on 6-3-2000. He made disclosure statement of axe vide Ext. P / 4 and the same was recovered at the instance of the appellant from the place where he used to keep paddy vide Ext. P / 4A. Seized articles were sent for chemical analysis to FSL where presence of human blood over axe was confirmed.