GAJENDRA NATH SAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) The appellant would call in question his conviction under Section 304 Part-II (twice) and Section 323 of IPC for committing culpable homicide not amounting to murder of deceased Lohrin Bai and Chidru Sai and causing simple hurt to PW-4 Fuchung Sai, vide impugned judgment of conviction and sentence dated 22.11.2012 passed by the Additional Sessions Judge, Kunkuri District Jashpur (CG) in ST No.73/11. No. 174 of 2018

(3.) As per the prosecution case, at about 10 A.M., on 6.6.2011, the appellant reached his house with a wooden log (Khurra and Pati) and demanded food from his wife Meera Bai. Since the appellant was not doing any work, Meera Bai commented that 'he is not doing any work and only having meals' and further said that the food is not cooked. Hearing this, the appellant starting assaulting his wife Meera Bai, on which, informant Lachhan Sai (PW-13) intervened and sustained injuries. Thereafter, the appellant's mother Lohrin Bai (deceased) came and intervened, during which, the appellant caused injuries over her head by means of Tabbal. At this time, deceased Chidrun Sai also reached the spot and tried to intervene, on which, he too was assaulted by spade. The appellant further assaulted his father Fuchung Sai (PW-4) by means of club. The merg intimation -Ex.P/10 was lodged by PW-13 Lachhansai, based on which, the FIR -Ex.P/11 was registered almost simultaneously at 10:00 AM on 6.6.2011.