GOPI ALIAS GOPAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code, 1860 and sentenced to undergo rigorous imprisonment for life coupled with a fine of Rs. 2000.00.

(2.) According to the prosecution the incident occurred on 17-9-99 at about 5.00 p.m. It is alleged that Pohduram was assaulted by means of lathi/danda by the accused Gopi @ Gopal on his head. He was taken to the hospital at about 7.15 p.m. where he was examined by the doctor. The deceased died after five days on 23- 9-99. The post mortem was conducted by Dr. R.K. Singh (P.W. 8). The post mortem report is Ex. P/13. The report of the incident was lodged as per Ex. P/7 for the offence punishable under Sections 323, 341, 506 and 294 I.P.C. The injured succumbed to death and the post mortem was conducted vide Annexure P/11. The report is as under : "Head injury on left side peritotemporal lobe in oblique direction size 6 Cm X 2 Cm X 2 Cm bleeding comes. When open the skull internal Haemetoma Size 4 inch X 4 inch present slightly internal bleeding comes by some hard and blunt object, duration about 96 hours."

(3.) The post mortem report (Ex - P/11) and the Panchanama (Ex - P/2) go to show that the accused had inflicted danda blow on the head of the deceased. The injured died on 23-09-1999 therefore the offence punishable under Section 302 I.P.C. was also added. The investigation was completed and challan was filed in the competent Court of jurisdiction.