RABAN @ RUBAN SAI MANJHWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appeal is posted for hearing on IA No.2/2019, application for suspension of sentence and grant of bail. However, with the consent of learned counsel for the parties, we have heard the appeal on merits.

(2.) Challenge in this appeal is to the judgment of conviction and sentence rendered by the Trial Court in Sessions Trial No.4/2018 convicting the appellant for committing offence under Section 302 of IPC.

(3.) The incident happened at about 7 am on 23.12.2017 when the appellant entered the house of the deceased and inflicted repeated axe blows over his neck and head in the presence of witnesses PW-1 Dhaneshwari Bai and PW-3 Prakash Das. The FIR (Ex-P-2) was lodged by PW-2 Ajardas Mahant at about 10:15 am on the date of incident itself. Soon thereafter dead body inquest was conducted vide Ex-P-3 and the dead body was sent for postmortem, which was conducted by PW-7 Dr. Sarju Prasad Rathiya, who submitted his report (Ex-P-10) opining that the death has occurred due to hypo volumic shock (blood loss) with injury to trachea, esophagus, major blood vessels of neck and spinal cord due to violent blow by heavy and hard sharp edged object (e.g. axe). Memorandum statement of appellant was recorded vide Ex-P-8 on 27.12.2017, consequent to which the axe was recovered from the agricultural field vide Ex-P-9.