KHURSAL ALIAS SANTOSH CHANDRA Vs. STATE OF M P

JUDGEMENT

(1.) THE Appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure against the impugned judgment dated 28-11-1998 passed by learned First Additional Session Judge, Raigarh in Sessions Trial No. 158/97 by which the learned First Additional Sessions Judges after holding the Appellant guilty for causing death of deceased Chhavilal, has convicted the Appellant under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life.

(2.) CASE of the prosecution in brief is that Police Outpost Kosir, Police Station Sarangarh registered a crime under Section 302 of the Indian Penal Code on 21-6-1997 on the basis of information (Ex. P/10) given by Nand Bai to the effect that on 20-6-1997 at about 6.00 p.m. when her two sons after taking meals went outside, deceased Chhavilal returned at about 9.00 p.m. and went for sleeping on the terrace. After 1 to 1 1/2 hours she heard the voice of her son Chhavilal 'Oh mother' whereupon she went on the terrace alongwith her sister-in-law Shyam Bai. On the terrace Chhavilal was crying 'Oh Mother' and thereafter his voice stopped. She saw the blood spread on the terrace and there was injury over the left shoulder of Chhavilal caused by a sharp edged weapon and some unknown person has murdered her son Chhavilal.

(3.) LEARNED Additional Session Judge framed charge under Section 302 of the Indian Penal Code. However, the Appellant abjured the guilt.