RAJKUMAR, Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The matter is heard through Video Conferencing.

(2.) This appeal arises out of the judgment of conviction and order of sentence dated 16.10.2006 passed by 8th Additional Sessions Judge (F.T.C.), Durg in Sessions Trial No. 32/2006, convicting the accused/appellant for the offence punishable under Section 304 Part II of the Indian Penal Code (henceforth "IPC") and sentencing him to undergo rigorous imprisonment for three years.

(3.) Case of the prosecution, in brief, is that on 15.11.2005, complainant- Ramkumar, after leaving his children with his mother-Dashari Bai, went alongwith his wife for cutting the paddy crop. When he came back to his house at about 3.30 pm, he saw his mother lying on the ground and complaining chest pain and his brother -Mohan and one neighbor- Jitendra Kumar giving massage to her. On enquiring as to what happened in the house, his mother stated that at about 1.30 pm, a quarrel took place between the grand-daughter of the deceased (Dashari Bai) namely Satyawati with the son of the present accused/appellant namely Vinay Kumar and at that point of time when she (since deceased) intervened, the accused/appellant assaulted on her chest by his elbow and thereafter Omin Bai and Fullo Bai reached at the place of occurrence. On the same day of the incident i.e. on 15.11.2005 at about 7 O'clock Dashri Bai died due to heart attack and as a result, FIR (Ex.P-2) was lodged by complainant Ramkumar against the present accused/appellant ' Rajkumar on 16.11.2005. Merg intimation was lodged vide Ex. P/3. Spot map Ex. P/4 was prepared by the Investigating Officer and another spot map Ex. P/5 was prepared by concerned Patwari. Inquest report Ex.P-6 was prepared in presence of two witnesses. Postmortem was conducted by Dr. C. B. Prasad (PW11), who submitted his report vide Ex.P-10. He opined that the cause of death of the deceased is heart attack and earlier, she was suffering from anemia; death occurred after five and half hours of the incident.