NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Appeal No. 946 of 201 7 (Arising out of judgment dated 13.01.2017 passed in Sessions Trial No. 181/2014 by the Sessions Judge, South Bastar, Dantewada)

Masaram Korsa S/o Hungaram, aged about 48 years, R/o Village – Pedkodepal, Permapara, Police Station-Beejapur, District – Beejapur, Chhattisgarh.

---- Appellant (In Jail)

Versus State of Chhattisgarh, Through: Station House Officer, Police Station- Beejapur, District – Beejapur, Chhattisgarh.

---- Respondent ---------------------------------------------------------------------------------------

For Appellant : Mr. Jaydeep Singh Yadav Advocate/Panel Lawyer appointed by Chhattisgarh High Court Legal Services Committee For Respondent-State : Mr. Rahul Tamaskar, Govt. Advocate.

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DB: Hon'ble Shri Justice Sanjay K. Agrawal and Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (09.02.2024)

Sanjay Kumar Jaiswal, J.

(1) This criminal appeal filed by the appellant-accused, under Section 374(2) of Cr.P.C., is directed against the impugned judgment of conviction and order of sentence dated 13.01.2017, passed by learned Sessions Judge, South Bastar, Dantewada (C.G.) in Sessions Trial No. 181/2014, whereby the appellant has been convicted for offence punishable under Section 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.100/- and, in default of payment of fine, to undergo additional imprisonment for one year.

(2) It is an undisputed fact that the appellant has two sons from his first wife Mangli Bai, who had died namely Pande (PW-5) who resided with his wife and another son Chaitanu who resided in another village. The second wife of the appellant was Borri Korsa (now deceased), who also has a son Mohan (PW-1)

and a daughter.

(3) Case of the prosecution, in brief, is that on the date of the incident i.e. 07.08.2014, the appellant along with his wife Borri Korsa (now deceased) was at his house and his son Mohan (PW- 1) went to the forest to graze the cows. The appellant's second son Pande (PW-5) along with his wife Sunita went to the field to uproot grass. The children were at the house. Everyone's food was cooked together but, to sleep, son Pande etc. used to go to another house about 30-40 meters away from the house where the incident occurred. On the date of the incident, when Mohan (PW-1) returned home after grazing the cow, he found his mother Borri Korsa lying dead near the door. At that time, the appellant was not at the house. After that, he informed his brother, sister-in-law and the villagers about the incident. The matter was report to the police station-Bijapur. Merg intimation was registered vide Ex.P/07 and FIR was lodged vide Ex.P/01. Inquest proceeding was conducted vide Ex.P/08. The dead-body of deceased was sent for postmortem examination and in the postmortem examination report (Ex.P/12), Dr. B.L. Sharma (PW-09) opined that the cause of death is asphyxia due to hemorrhage and nature of death is homicidal. Thereafter, appellant-accused was arrested vide Ex.P/10 and his memorandum statement was recorded (Ex.P/04) pursuant to which, seizure of a half-burnt blood stained wooden stick and knife were seized from the spot vide Exs.P/05 and P/06 and sent for chemical examination, but FSL report has not been exhibited for the reasons best known to the prosecution. In FSL report human blood was found on the wooden stick but human blood was not found on the knife seized at the instance of the appellant.

(4) After due investigation, the appellant was charge-sheeted for the offence punishable under Section 302 of IPC before the jurisdictional criminal Court and the case was committed to the trial Court for hearing and disposal in accordance with law, in which the appellant/accused abjured his guilt and entered into defence by stating that he has not committed the offence.

(5) During the course of trial, in order to bring home th