NASEEM WARSI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 22/03/2018 passed in Sessions Trial No. 69/2017 by the First Additional Sessions Judge to the Court of Additional Sessions Judge, Durg (C.G.), whereby the Appellant has been convicted under Section 304 Part-II of the Indian Penal Code and sentenced to undergo RI for 5 years and to pay fine of Rs. 500/- with default stipulation.

(2.) Facts of the case are that Complainant Zahur Ali (PW1) has taken a shop on rent situated at Indira Market, Bhilai. The Chajja of the said shop was tilted and to support that two wooden bamboos were afixed. On 23/06/2016, the Appellant had cutted the said wooden bamboos and the said Chajja got fallen, as a result one boy Ehshan Ali died. The merg information was lodged vide Ex.P-1. Inquest proceeding was conducted vide Ex.P-5. Postmortem of the body was conducted by Dr. B.N. Dewangan (PW9). His report is Ex.P-12. On the basis of inquiry report, FIR has been lodged vide Ex.P-14. Statements of witnesses were also recorded under Section 161 of the Cr.P.C. After completion of investigation, a charge-sheet was filed. Trial Court framed the charges. To prove the guilt of the Appellant, the prosecution has examined as many as 11 witnesses. Statement of the Appellant under Section 313 of the Cr.P.C has been recorded wherein he has pleaded his innocence and false implication in the matter. No defence witness has been examined.

(3.) After trial, the trial Court has convicted and sentenced the Appellant as mentioned in paragraph one of this judgment. Hence, this appeal.