SANJAY LAKDA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant has been convicted for committing offence under Section 302 of the IPC and sentenced to undergo RI for life and to pay a fine of Rs.500/-, in default of payment of fine to further undergo RI for 30 days vide judgment dated 28.11.2018 passed by the Additional Sessions Judge, Gharghoda, District Raigarh in ST No.36/2018, for committing murder of his elder mother ( cM+h ekWa) Guni Bai by inflicting one axe blow at about 7 pm on 25.8.2017.

(2.) Merg intimation (Ex.-P/1) and the FIR (Ex.-P/2) have been lodged by (PW-1) Mohar Sai, husband of the deceased Guni Bai at 9.30 pm and 9.45 pm respectively, informing that at about 7 pm his daughter-in-law informed that Sanjay Lakda, his mother Muni Bai have raised quarrel with Amar Sai in an inebriated condition. Informant Amar Sai went there to intervene and separate them. At this point of time, Sanjay demanded one axe from his mother, which was provided to him by Muni Bai, seeing which Amar Sai run out of the place and his wife deceased Guni Bai was also leaving the house of Amar Sai. The appellant saw his wife Guni Bai through torch light, chased her and caused one axe blow over her head due to which she fell on the ground and died instantaneously.

(3.) The appellant was taken into custody and his memorandum statement was recorded vide Ex.-P/7 whereas memorandum statement of co-accused Muni Bai (now acquitted) was recorded vide Ex.-P/8. From possession of the appellant, blood stained axe was recovered vide Ex.-P/9. Another axe was recovered from the appellant vide Ex.-P/10. Postmortem was conducted by (PW-10) Dr. B.L. Bhagat, who submitted his report (Ex.-P/21) finding one incised wound over upper part of left side of fronto occipital region in the size of 8x5 cm and part of cerebral matter come out. The autopsy surgeon opined that the deceased died due to coma as a result of head injury. Death is homicidal in nature. Seized axe was sent for FSL examination, which was found positive for presence of blood, but the same was disintegrated, therefore, origin of blood could not be determined.