INDAR @ KUTLA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 30-3-2013 passed by First Additional Sessions Judge, Durg CG in Sessions Trial No. 101 of 2012 wherein the said Court has convicted the appellant for commission of offence under Sections 304 Part II of IPC.1860 and Section 25(1)(1B)(B) of the Arms Act, 1959 (for short, "the Act, 1959") and sentenced him to undergo rigorous imprisonment for ten years and to pay fine of Rs.1000 and RI for two years and to pay fine of Rs.300/-, with default stipulations. Both sentences are directed to run concurrently.

(2.) In the present case, name of the deceased is Dani Porte. As per version of the prosecution, on 24-10-2011 appellant was making quarrel in his house in which deceased Dani Parte who is brother of the appellant intervened. On this intervention, appellant attacked on the head of the deceased by iron article as a result of which deceased sustained grievous injury and was shifted to District Hospital, Durg where he succumbed to injuries during treatment. The matter was reported and investigated. After completion of trial, the trial Court convicted and sentenced him as aforementioned.

(3.) Learned counsel for the appellant would submit as under: