RAMKUMAR ALIAS KISHUN RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and sentence rendered by the Trial Court convicting the appellant under Section 302 of IPC and sentencing him to undergo life imprisonment for committing murder of his father Dewlu Ram at about 8-9 pm on 01.01.2014.

(2.) At the relevant time, the appellant's mother PW-2 Smt. Jhamit Bai and his father deceased Dewlu Ram were warming themselves in a campfire. The deceased asked his son, the appellant, to engage in some work so that the debt incurred for purchasing ox can be repaid, otherwise he should live separate and allow him to work and repay the loan. The appellant stated that he will repay the loan amount but the deceased started provoking him by saying that the appellant has no guts to repay the loan. The appellant thereafter went inside the house, returned and again started warming himself, but the deceased kept on provoking the appellant, on which the appellant inflicted knife blow causing his death.

(3.) The entire prosecution case is based on eye witness account rendered by PW-2 Jhamit Bai. She has narrated the above sequence of events in her court examination also. PW-5 Dr. S. R. Kovachi has found one incised wound over the right side of chest between nipple and sternum. The injury caused over the right side of chest punctured the right lungs and heart. It also caused fracture of 4 th and 5th ribs, as mentioned in the postmortem report (Ex-P-10). The cause of death was shock due to rupture of right lung and heart.