The court affirmed conviction based on consistent eyewitness testimony and corroborating medical evidence establishing homicide, ruling out false implication.

Judgment on Board

Ramesh Sinha , CJ

1. Heard Mr. Akath Kumar Yadav, learned counsel for the appellant and Mr. Sakib Ahmed, learned Panel Lawyer, appearing for the State/respondent.

2. This criminal appeal under Section 374 (2) of the Code of Criminal Procedure , 1973 (for short, ‘CrPC’) is directed against the impugned judgment of conviction and order of sentence dated 05.08.2021 passed by the learned First Additional Sessions Judge, Ramanujganj, District Balrampur-Ramanujganj (C.G.) in Sessions Trial No.R-77/2017, by which the appellant herein has been convicted for offence under Section 302 of the Indian Penal Code , 1860 (for short, ‘IPC’) and sentenced to undergo Imprisonment for life and fine of Rs.500/-, in default of payment of fine amount, to further undergo rigorous imprisonment for 01 month.

3. The prosecution case, in brief, was that on 27.08.2017, deceased Anand Yadav was proceeding on a motorcycle along with his uncle Dhanukdhari Yadav (PW-1) towards Village Pipraul. At that relevant time, accused Santosh Yadav @ Madan Yadav, who was passing through the maize field via a footpath, suddenly attacked Anand Yadav with an axe on his neck, causing grievous and fatal injuries. The complainant, with the help of family members, immediately shifted the injured to the District Hospital, Balrampur, where the attending doctor declared him dead. On the basis of the information received at the hospital, the complainant’s report was registered as Dehati Nalishi (Ex. P-1) and Dehati Merg Intimation (Ex. P-2), and thereafter the police set the investigation into motion.

4. During investigation, summons under Section 175 CrPC was given to the witnesses vide Ex. P-3 and the police recorded the statements of eye-witnesses under Section 161 CrPC. The witnesses categorically stated that at the time of assault, the wife of accused Santosh Yadav, namely Rita Yadav, and co-accused Pramukh Yadav were present at the spot and were instigating Santosh Yadav. Their statements were further recorded before the Court of Judicial Magistrate, Rajpur, under Section 164 CrPC, wherein they reiterated the role of instigation by Rita Yadav and Pramukh Yadav. On the strength of the evidence collected and legal opinion, the accused along with other co-accused Pramukh Yadav and Rita Devi were also arrested for their alleged involvement in the offence.

5. The investigation further revealed that postmortem of the deceased was conducted by Dr. Umesh Vishwas (PW-10) and according to the postmortem report (Ex. P-5), the cause of death of deceased seems to be hemorrhage leading to cardiopulmonary arrest and the death was homicidal in nature. The inquest report (Ex. P-4) was prepared. Sub-Inspector Dhirendra Banjare (PW- 11) prepared the spot map (Ex. P-6) and Panchnama (Ex. P-7). Memorandum statement of the accused Santosh Yadav was recorded vide Ex. P-8 and from the possession of accused Santosh Yadav, a blood-stained T-shirt (Ex. P-9) and the axe used in the assault (Ex. P-16) were seized in the presence of independent witnesses. Blood-stained soil and plain soil were also seized from the spot (Ex. P-11). At the request of police, the Patwari prepared a detailed map (Ex. P-13). A sealed packet handed over by the doctor after postmortem was also seized vide Ex. P-24. The seized articles were duly forwarded for chemical examination through the Superintendent of Police, Balrampur, and the forensic report was received as Ex. P-31, according to which, blood stains were found on the axe.

6. Upon completion of investigation, the police filed a charg