DILIP MANDAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Appellant stands convicted by the Trial Court for committing offence under Section 302 of IPC by committing murder of deceased Kalyani by repeated assault over her head by means of axe at about 8:30 am on 18.07.2008.

(2.) The merg intimation (Ex-P-8) was lodged by PW-6 Mohanlal at about 13:00 hour on the date of incident itself. Soon thereafter the FIR (Ex-P-9) was lodged at about 13:15 hours informing the Police that he had obtained lease of agricultural land belonging to the deceased and had gone to sow corn over the field. The deceased was also working in the field and at that time at about 8:30 am the appellant reached the place of occurrence and stated to the deceased as to why she is sowing corn over the field. On deceased's claim that the field belongs to her, therefore, she is sowing the corn, the appellant became annoyed and started causing injuries over her back and waist, due to which she fell down and thereafter the appellant caused repeated axe blows on her head, due to which she died instantly. PW-6 Mohanlal rushed back to the village and informed about the incident to PW-9 Deepak Mandal, PW-2 Harlal Kirtaniya, PW-1 Anand Majumdar and other villagers.

(3.) The postmortem was conducted by PW-3 Dr. N. R. Navratan who submitted his report vide Ex-P-6 finding incised wound over forehead as also over left side of the head. Brain matter visible. The cause of death was cardio respiratory arrest due to shock due to cerebral injury. Homicidal in nature. Case diary statement of the witnesses including eye witness Mohanlal was recorded on the same day, wherein Mohanlal disclosed the entire incident almost in the same manner, in which it is written in the merg information and FIR. Since the appellant absconded after the incident, no recovery could be affected nor any memorandum statement could be obtained from him.