- (1.)This criminal appeal under Sec. 374(2) of the CrPC is directed against the judgment dated 25.3.2015 passed by the Sessions Judge, Dakshin Bastar Dantewada in Sessions Trial No.189/2010, whereby the learned Sessions Judge has convicted the appellant for offence under Sec. 302 of the IPC and sentenced him to undergo imprisonment for life.
(2.)Case of the prosecution, in brief, is that on 26.5.2010 at about 10 p.m. at village Jangarpal, Police Station? Tongpal, District?Sukma, the appellant / accused caused injuries by iron rod (sabbal) to his aunt Mahadei (since deceased) and thereby committed the offence of murder punishable under Sec. 302 of the IPC. Further case of the prosecution is that on 26.5.2010 in the evening, some quarrel took place between the appellant herein and his aunt Mahadei and the appellant threatened her aunt to kill, which was intervened by Jaldeo (PW?1) not to assault his aunt and thereafter both Jaldeo (PW?1) and the appellant went to river for taking bath. On the next day i.e. 27.5.2010 when Jaldeo (PW?1) had visited to the house of Libru (PW?3) to collect his footwear, then he also went to the house of deceased Mahadei, where he found her door opened and when he entered into the house, he noticed that deceased Mahadei was lying died with injuries in her head and hand, then he searched accused Ramu, the accused was found in the house of Sarpanch, then he escorted the accused to the house of Mahadei and in presence of village Sarpanch, Lachinder and others accused Ramu admitted that he has caused murder of Mahadei on account of quarrel for last few days. On the report of Jaldeo (PW?1) on 27.5.2010 at 1.15 p.m. investigating officer K.C. Gaien (PW?12) registered the FIR vide Ex.P?5 and merg vide Ex.P?6 and after summoning the witnesses vide Ex.P?7, prepared inquest of dead body of the deceased Mahadei vide Ex.P?8. Dead body of deceased Mahadei was sent for postmortem vide Ex.P?9 where Dr.Kamal Sethe (PW?11) conducted postmortem of body of deceased Mahadei. Spot map was prepared by investigating officer vide Ex.P?10. The accused made disclosure statement vide Ex.P?12, pursuant to which, one iron rod (sabbal) was recovered from him vide Ex.P?1. Bloodstained soil and plain soil were recovered from the spot vide Ex.P?2. Clothes of the deceased were recovered vide Ex.P?13. Iron rod, soil and clothes were sent for chemical examination vide Ex.P?14 and report received from Forensic Science Laboratory is Ex.P?16. Statements of the witnesses were recorded under Sec. 161 of the CrPC. After completion of investigation, charge?sheet was filed against the appellant / accused and it was committed to the jurisdictional Criminal Court for hearing in accordance with law for offence under Sec. 302 of the IPC. The appellant herein abjured the guilt and entered into defence.
(3.)In order to bring home the above?stated offence, the prosecution examined as many as 12 witnesses and exhibited 16 documents, whereas the accused / appellant has examined none in his defence.