Decided on May 07,2003



L.C.Bhadoo, J. - (1.)The accused/appellant Narendra Prakash Meher has filed this criminal appeal under Section 374(2) of the Code of Criminal Procedure being aggrieved by the Judgment dated 21st October, 2002 passed by the Second Additional Sessions Judge, Baloda Bazar, Raipur in Sessions Trial No. 17/2002 holding the appellant guilty of the commission of offence punishable under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 1000/-, in default of payment of fine amount to undergo six months Rigorous Imprisonment.
(2.)The relevant prosecution story for the disposal of this criminal appeal is that on 24th November, 2001 at 9 a.m. Mana Ram, Kotwar gave a merg intimation to the police stationBilaigarh DistrictRaipur that today in the morning at 7 a.m. Than Singh informed him that on 23rd November 2001 at about 8.30 p.m. in the night Narendra Prakash has murdered his father Punilal by inflicting assault by stone. On receiving this information he went to the site alongwith Than Singh, Aajuram, Vijay Kumar and Ram Kripal and saw that the body of Punilal Meher was lying in front of door of his house in the corridor. The death of Punilal as informed has been caused by inflicting assault by stone. This merg intimation was taken on record which is Ex. P/i. After this merg intimation the S.H.O. gave notice Ex. P/2 to the panchas and thereafter Ex. P/3 panchnama of the body was prepared. During the police custody accused Narendra Prakash Mehar gave information Ex. P/li under Section 27 of the Indian Evidence Act and in pursuance to this information the stone was recovered through Ex. P14. Through Ex. P/5 simple soil and blood smeared soil was taken into possession. Through Ex. P/6 full pant on which the blood spots were there was taken into possession. Through Ex. P/7 dead body of Punilal was handed over to Muniram, brother of the deceased. Spot map Ex. P/8 was prepared and the accused was arrested through Ex. P19. Based on the report Ex. P/i the F.I.R. Ex. P110 was registered. The postmortem of the body was got conducted which is Ex. P/12. After recording the statements of witnesses the clothes were taken through Ex. P/17. The stone and clothes were sent for chemical examination to the FSL Laboratory, Raipur from where report Ex. P/19 was received and after completion of the investigation the challan was filed against the accused/appellant.
(3.)Learned Additional Sessions Judge, framed charge under Section 302 of I.P.C. against the accused/appellant which he denied. The prosecution in order to prove its case examined in all 10 witnesses and statement of the accused was recorded under Section 313 of the Cr.P.C. in which he denied the statement of witnesses and said that he has been falsely implicated in the crime and he was not at village. Learned Additional Sessions Judge after hearing the arguments of learned Public Prosecutor and learned counsel for the accused passed the impugned judgment.

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