DHIRAN SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 07.07.2001 passed by Fourth Additional Sessions Judge, Bilaspur (C.G.) in Session Trial No. 53/2001, wherein the said court convicted the appellant for commission of offence under Section 304 (Part-II) of IPC, 1860 and sentenced to undergo R.I. for 10 years.

(2.) In the present case, name of the deceased is Dasharath. As per version of the prosecution, on 18.09.2000, the deceased along with his cattle had gone to Village- Pond and he was returning after grazing of his cattle, reached near bank of Tangu Tank, where field of Bhag Singh and the appellant are situated. The appellant objected the deceased not to move his cattle through his field and used obscene words and assaulted him mercilessly by club on his head and various vital parts of body. The deceased sustained grievous hurt, the witnesses informed the incident to his son namely Shatrughan, thereafter, the deceased was taken to hospital and during course of treatment, he died. The case under Section 302 of IPC was registered against the appellant and after completion of trial, the trial court convicted the appellant as mentioned above.

(3.) Learned counsel for the appellant submits as under:-