CHINGADA ALIAS CHAMARA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment of conviction and order of sentence dated 11th July, 2002 passed in S.T. No. 271/2002 whereby learned 4th Additional Sessions Judge (FTC), Bastar at Jagdalpur, after holding the appellant guilty for committing murder of Sharad Chandra Yadav, has convicted him under Section 302 of the IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 200/-, in default of payment of fine to further undergo additional R.I. for 4 months.

(2.) THE case of the prosecution, in brief, as projected in the impugned judgment is that, on 5-2-2000 at about 9 pm the appellant came with two bottles of liquor in the house of Sharad Chandra. Both of them consumed liquor from one bottle. When the deceased opened second bottle, the accused went away. Deceased Sharad after consuming liquor fell sick, suffered stomachache and started writhing. His wife Meena went in search of the accused and returned back, as she did not find him. Looking to the condition of her husband, she called doctor and on his advise, she took him in a rickshaw to the hospital where the deceased died on 6-2-2000 at 11.30 am.

(3.) AFTER completing usual investigation, charge sheet was filed against the appellant in the Court of Chief Judicial Magistrate, Jagdalpur, who in turn committed the case to the Court of Sessions Judge, Jagdalpur and the same was received on transfer for trial by learned Additional Sessions Judge.