CHHATTISGARH HIGH COURT
Goutam Bhaduri, J
Chaituram – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. conviction basis established. (Para 1 , 2) |
| 2. arguments regarding eyewitness credibility. (Para 3 , 4) |
| 3. court's reliance on eyewitness testimony and medical reports. (Para 5 , 6 , 7 , 8 , 20) |
| 4. understanding of intent in culpable homicide. (Para 24 , 28) |
| 5. final ruling and implications. (Para 29) |
1. This appeal is directed against judgment dated 25-4-2008 passed by Session Judge, Jashpur in Session Trial No. 39/2007. By the impugned judgment, accused / appellant Chaituram has been convicted under S.302 of the Indian Penal Code and sentenced to undergo imprisonment for life.
2. Case of the prosecution, in brief, is as under:--
On 12-1-2007, at about 7 p.m., deceased Mahaveer Ram and his wife Budhobai (PW 7) were coming back to their house with their buffaloes. When they reached in front of the house of the appellant, the appellant came out of his house with an axe and assaulted on the head of the deceased with blunt portion of the axe. The deceased fell down. Thereafter, the appellant picked - up a stone, lying there, and threw the same on the deceased. The deceased died on the spot. Budhobai (PW 7) shouted. The appellant threatened her of life. Having heard the vo
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