CAV Judgment

Per R.C.S. Samant, J.

Heard.

1. This appeal has been preferred against the judgment dated

14.03.2013 passed by the Sessions Judge, North Bastar Kanker, District- Kanker, C.G. in Sessions Trial No.55/2011, convicting the appellant for o昀昀ence under Section 302 of Indian Penal Code and sentencing him with life imprisonment along with 昀椀ne of Rs.1000/- with default stipulations to undergo additional two months' rigorous imprisonment, if the 昀椀ne remains unpaid.

2. According to the prosecution case, on 06.11.2010 at about 06:30 PM, the appellant stabbed the deceased- Ramdayal Kallo with a knife, which resulted in fatal injury and the deceased died on the spot. The incident was witnessed by Ku. Sandhaya Kallo (P.W.-9). One Jagat Ram Dugga (P.W.-1) logged the morgue intimation (Ex.P/1) on 07.11.2010 in Police Station- Durgkondal, District- Kanker, C.G. On his information, F.I.R. (Ex.P/2) was also lodged against the appellant. The inquest procedure was conducted in which Naksha Panchayatnama (Ex.P/4) was prepared in presence of Panch witnesses and crime details form (Ex.P/5) was also prepared. Seizure of blood stained soil and plain soil was also made vide Ex.P/6. The dead body of the deceased was subjected to autopsy. The Dr. A.K. Dhruw (P.W.-05) has conducted the postmortem and opined in his report Ex.P/11 that the death of the deceased was homicidal due to the stab bounds present on his body. The appellant was apprehended and interrogated who after making admission of the o昀昀ence, made statement of discovery regarding knife vide his memorandum statement (Ex.P/7). At the instance of the appellant himself, the knife was recovered and seized from the spot vide Ex.P/8. The clothes of the appellant having blood stains were also seized vide Ex.P/9. The nails of both the hands of the appellant were also cut and preserved which were seized vide Ex.P/10. The seized knife was examined by Dr. A.K. Dhruv (P.W.-5) vide Ex.P/12 and he opined that the injuries found on the body of the deceased may have been caused by this weapon. The appellant was also injured, who was medically examined by Dr. Preeti Singh (P.W.-6) and the injury report is prepared vide Ex.P/13. The clothes worn by the deceased were preserved by the Doctor conducting the postmortem examination and the same was seized vide Ex.P/14. A spot map was also prepared by the Patwari vide Ex.P/16. The appellant was formally arrested vide Ex.P/20. The seized articles were sent for F.S.L. Examination. The report vide Ex.P/24, mentions presence of blood in the soil from the spot of incident, on the shirt worn by the appellant, on the knife seized from the appellant and on the clothes of the deceased. The statement of witnesses were recorded under Section 161 of Cr.P.C. On completion of investigation, charge-sheet was 昀椀led before the concerned Court.

3. After the committal proceedings, the learned Sessions Judge, took cognizance of the o昀昀ence against the appellant. Charge was framed under Section 302 of I.P.C. against the appellant. The appellant denied the charge and prayed for trial. The prosecution has examined 11 witnesses. On completion of the prosecution evidence, the appellant/accused was examined under Section 313 of Cr.P.C. in which he denied all the incriminating evidence present against him making a statement of his innocence and false implication. Opportunity was sought for producing witnesses in defence, however, no witness was examined by him in defence. Learned Sessions Judge after giving opportunity of submitting 昀椀nal arguments to the prosecution and defence has delivered the impugned judgment.

4. It is submitted by the learned counsel for the appellant that the conviction against the appellant is erroneous and bad in law. The prosecution has failed to prove the case against the appellant beyond reasonable doubt. The learned Sessions Court has placed reliance on the evidence of Ku. Sandhya Kallo (P.W.-9), who is a witness of tender age, therefore, her statement was