PREM SAI CHERWA Vs. STATE OF CHHATTISGARH

JUDGEMENT

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

(2.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 09.10.2014 passed by the Sessions Judge, Surajpur, District Surajpur, C.G. in Sessions Trial No.23/2013, whereby the appellant stands convicted and sentenced as under:-

(3.) Case of the prosecution, in brief, is that on 27.09.2013 at about 09:30 am merg intimation Ex.P-1 was lodged by PW-6 Shyamdev Rajwade informing the police that on the same day at about 05:30 am PW-3 Mano Bai, wife of the deceased, informed him that accused/appellant at about 10:00 pm on 26.09.2013 assaulted upon her husband i.e. Beer Sai (deceased) by means of wooden log and fled away from there, as a result of which her husband sustained injury on his head and blood was oozing from his head. Hearing his(deceased) screaming voice, people came there and laid him on the cot and on the same day at about 05:00 am he (deceased) died. Thereafter, on the basis of merg intimation Ex.P-1, FIR Ex.P-2 was lodged against the accused/appellant at police station Surajpur under Section 302 of Indian Penal Code. Inquest on the dead body was conducted vide Ex.P-7 and the body was sent for postmortem. The postmortem examination was conducted on 27.09.2013 by PW-2 Dr. Deep Kumar who gave his report vide Ex.P-3 and noticed following injuries on the body of the deceased:-