SHYAMLAL SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the CrPC preferred by the appellants-accused persons herein is directed against the impugned judgment of conviction and order of sentence dtd. 28/3/2016 passed by the 2nd Additional Sessions Judge, Manendragarh, Chhattisgarh in Sessions Trial No. 130/2014 by which appellants have been convicted for offence under Sec. 302 of the IPC read with Sec. 34 of the IPC and sentenced to undergo imprisonment for life and to pay fine of ? 5,000/- each; in default of payment of fine additional simple imprisonment for 6 months.

(2.) Case of the prosecution in, nutshell, is that on 12/7/2014, at village Hastinapur, Thana Manendragarh, District Koriya Chhattisgarh, appellants namely Shyamlal Singh (A-1) by axe and Shivbhajan Singh (A-2) by wooden plank, assaulted their father Ramlal by which he suffered grievous injuries and died. It is further case of the prosecution that due to partition of land, dispute always used to take place between the appellants herein and their father Ramlal (now deceased). On the date of offence, quarrel took place between the appellants herein and Ramlal, with regard to partition of land and appellants assaulted their father Ramlal by axe and wooden plank, suspecting him that he gave his land to his brother Heeralal (PW-1) in partition, by which he suffered grievous injuries and died. The matter was reported to the police by Roopsai (PW-4) father of the deceased. Merg Intimation and FIR were registered vide Exs. P/7 and P/6, respectively. Inquest proceedings (Ex.P/1) were conducted and the dead body of the deceased was sent for postmortem. As per postmortem report (Ex.P/12A), proved by Dr. Amit Kumar Jaiswal (PW-16), cause of death is cerebral concussion i.e. intradural haematoma and nature of death is homicidal. Articles were seized and sent for chemical analysis to FSL and in the FSL report (Ex.P/21) on Articles C and D i.e. wooden plank and axe respectively, blood was found.

(3.) After due investigation, appellants herein were charge-sheeted for the aforesaid offence and the case was committed to the Court of Sessions for trial in accordance with law. The appellants / accused persons abjured their guilt and entered into defence.