Decided on April 27,2005

RAJKUMAR Appellant


L.C.BHADOO, J. - (1.) Appellant- Rajkumar has preferred this appeal under Section 374(2) of the Code of Criminal Procedure through the Jailor, Central Jail, Bilaspur questioning the legality and correctness of judgment of conviction and order of sentence dated 12th May, 1998 passed by learned 7th Additional Sessions Judge, Bilaspur in Sessions Trial No. 214/97 whereby learned Additional Sessions Judge after holding the accused / appellant guilty under Section 302 of the I.P.C. for ommitting murder of his father Aadhaar, sentenced him to undergo imprisonment for life.
(2.) Brief facts leading to filing of this appeal are that on 13-2-1997 when deceased Aadhaar, father of accused/appellant herein, was sleeping in the house on a cpt by covering his body with a chadar, the accused/ appellant all of a sudden picked up the lathi, which was lying near the cot, attacked the deceased with the same on his head, as a result of which deceased sustained severe injuries, even the skull was fractured. On coming to know about the incident, Jaikumar, younger brother of accused, took his father to the Police Station Chakarbhata, informed the police and thereafter, took his father to Dharam Hospital, Bilaspur for treatment, where Aadhaar succumbed to the injuries on 15-2-1997. As such, a mere intimation (Ex. P-6) was sent by the hospital to the Police Station, City Kotwali, Bilaspur, based on that, the offence under Section 302 of 1PC at Sr. No. 0 was registered under Ex. P-4 and thereafter, same was forwarded to the Police Station, Chakarbhata under whose jurisdiction the offence was committed in Village Bundela. The Station House Officer, Police Station Chakarbhata registered the regular Crime No. 19/97 under F.I.R. (Ex. P-4). After registering the crime, the Investigating Officer took up the inves tigation, after giving notice (Ex. P-2) to the Panchas prepared the inquest (Ex. P-3) of the body of deceased Aadhaar. He took into possession the blood-stained soil and plain soil from the place of occurrence. He also took into possession the weapon of offence, lathi and one towel under Ex. P-9. Site plan (Ex. P.10) of the place of occurrence was prepared. Lathi in question was sent for doctor's opinion under Ex. P-14 as to whether the injuries found on the head of deceased could be caused by it. The doctor gave his opinion vide Ex. P-19 that it was possible to inflict the injuries found on the head of Aadhaar by the lathi in question. Post-mortem on the body of deceased was conducted In Dharam Hospital, Bilaspur by Dr. V. K. Verma, who prepared the postmortem report Ex. P-18'in which he opined that the death Is due to internal haemorrhage and coma as a result of fracture of skull. Recovered articles were sent for chemical examination to Forensic Science Laboratory, Sagar from where report Ex. P-20 was received.
(3.) After completion of investigation charge-sheet was filed against the accused/ appellant in the Court of Judicial Magistrate First Class, Bilaspur, who in turn committed the case to learned Sessions Judge, Bilaspur where learned Sessions Judge initially commenced the trial and recorded the evidence. However, later on, the case was transferred to learned 7th Additional Sessions Judge, Bilaspur who recorded the remaining evidence and also the statement of accused/appellant under S. 313 of the Cr. P.C. In which accused either denied the evidence or stated that he is not aware of the fact. The accused has also stated that on account of his ill-mental health he committed the crime.;

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