L.C.BHADOO,J. - (1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 22.1.1997 passed by the 3rd Additional Sessions Judge, Jagdalpur in Sessions Trial No. 154/94, whereby learned Additional Sessions Judge after holding the accused/appellant guilty for committing murder of Chaituram, convicted him under Section 302 of the I.P.C. and sentenced to undergo rigorous imprisonment for life.
(2.) THE prosecution case, in brief, is that on the date of incident i.e. on 8.3.1994 in between 8 to 9 a.m. Kotwar Sukudas (PW-1) was returning from Patel Para after making entries of birth & death. On the way, near the house of Kuldhar Muriya, Patel Chaitu (since deceased) met him, thereafter, on the demand of wine by Chaitu, he along with Chaitu went to the house of Kuldhar Muriya When they were sitting in the veranda of Kuldhar, Aasmati (PW-2) informed them that there is no liquor, on which Chaitu demanded water. In the meantime, accused/appellant came and while abusing Chaitu had said that he has practiced witchcraft on his grandfather and assaulted Chaitu with the stone on his head. Merg intimation (Ex.P-5) was given by Sukudas (P W-1), based on which First Information Report (Ex.P-17) was registered in the Police Station Kondagaon. After registering the case, the Station House Officer Shri Subhash Chand Choudhary left for the place of occurrence and after giving notice (Ex.P-7) to the Panchas, he prepared the inquest on the body of Chaitu. He took into possession the blood stained soil and plain soil from the place of occurrence under Ex.P-2. Stone, weapon of offence, was taken into possession under Ex.P-3. Dead body of Chaitu was sent for postmortem to the Primary Health Centre, Kondagaon, where Dr. S.K. Mahajan (PW-7) conducted the postmortem examination over the body of deceased on 9.3.1994 and prepared the postmortem report Ex.P-18. He noticed one peeled wound in the size of 4"xl "xl" on the left side of skull & one peeled wound in the size of 2"xl "xl/2" on the back side of head. He also noticed that bones were fractured and he reached to the conclusion that injuries were anti mortem and death was homicidal in nature. Clothes of deceased were taken into possession under Ex.P- 11 and 12. Site plan (Ex.P-13) was prepared by the Investigating Officer. After completion of investigation, charge sheet was filed against the accused/ appellant in the Court of Judicial Magistrate First Class, Jagdalpur, who in turn committed the case to learned Sessions Judge, Jagdalpur from where learned 3rd Additional Sessions Judge, Jagdalpur received the case on transfer for trial. The prosecution in order to establish the offence against the accused/appellant examined seven witnesses. Statement of accused/appellant was recorded under Section 313 of the Cr.P.C. in which he denied the material appearing against him in the prosecution evidence and stated that he is innocent and has been falsely implicated in the crime. Learned Additional Sessions Judge after hearing the arguments of learned counsel for respective parties, convicted & sentenced the accused/appellant in the manner as aforementioned.
(3.) LEARNED counsel for the accused/appellant has not disputed the homicidal death of Chaitu. Moreover, the eyewitness Sukudas (PW-1), who is an independent person and witnessed the crime in question, has categorically stated that the accused attacked the deceased with the stone. This has been corroborated by the medical evidence of Dr. S.K. Mahajan (PW-7), who conducted the postmortem and stated that there were two injuries on the head of deceased as a result of which skull bone was fractured and the death was homicidal in nature. Therefore, it is established that the death of deceased was homicidal in nature.;