KHOKAN @ KHOKHAN VISHWAS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 27.01.2014 passed by the High Court of Chhattisgarh at Bilaspur in Criminal Appeal No. 38 of 2009, by which the High Court has dismissed the said appeal preferred by the appellant - original accused and has confirmed the judgment and order of conviction passed by the learned trial Court convicting the accused for the offence punishable under Section 302 of the IPC and by which the appellant - accused was sentenced to undergo life imprisonment, the appellant - original accused has preferred the present appeal.

(2.) At the outset, it is required to be noted that by order dated 08.01.2021, this Court issued a limited notice confined to whether the conviction should be altered to Section 304-1 IPC. Therefore, the present appeal is confined to the issue, whether in the facts and circumstances of the case, the conviction of the appellant-accused should be altered to Section 304-1, IPC or not.

(3.) While deciding the aforesaid issue/question, the case of the prosecution and the manner in which the incident took place are required to be considered. According to the prosecution, on 08.08.2006 at about 6:30 p.m., the deceased was in the house of his neighbour Devan. At that very time, the accused had conversation with him regarding money and then accused quarrelled with him. The accused pushed him down and stood up on his abdomen and crushed. On the next day, i.e., on 09.08.2006 at about 6:30 p.m., son of one Channu Ram informed Manki, sister of Manku regarding the severe pain in the abdomen of Manku. Manki, sister of the deceased came to his house and after seeing him got him admitted in N.M.D.C. Apollo Central Hospital, Bacheli for treatment. On the night of 09.08.2006 itself, he was referred to Maharani Hospital, Jagdalpur for treatment. During treatment, Manku Ram died on 11.08.2006. As per the post mortem report conducted by Dr.(Smt) J. Gupta (PW-3) the cause of death of the deceased Manku Ram was shock as a result of septicemia caused by injuries in small intestine.