RAMU RAM UIKE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In the present case, appellant is in jail since 01/01/2016, thereby he has already completed more than 5 years and 10 months out of maximum jail sentence of 7 years as awarded by the trial Court. Looking to the above and with the consent of both the parties, the matter is heard finally.

(2.) This appeal has been preferred against the impugned judgment dated 29.11.2017 passed in S.T. No.21/2016 by the Additional Sessions Judge, Bhanupratappur District - North Bastar Kanker, (C.G.) wherein appellant has been convicted and sentenced as under :

(3.) According to case of the prosecution, on 30/12/2015 at about 7:00 P.M.,a quarrel took place between the appellant and deceased which was witnessed by Devnu Ram Baghel (PW-4) and Devprasad Baghel (PW-5). It is alleged that at that time, appellant assaulted the deceased Rohit Kumar with the help of a wooden stick on his head due to which he died. Jageshwar Baghel (PW-1) lodged the FIR vide Ex.P-2. Merg intimation vide Ex.P-1 was also registered. Inquest proceeding vide Ex.P-4 was also conducted. During course of investigation, the articles used by the appellant was seized vide seizure memo Ex.P-9. Post-mortem of the deceased was conducted by Dr. Sheetal Dugga (PW-11). Her report is Ex.P-13. Statements of the witnesses were recorded under Sec. 161 of Cr.P.C. After completion of the investigation, a charge-sheet was filed. Trial Court framed charges. To prove the guilt of the accused/appellant, prosecution has examined as many as 12 witnesses. No defence witness has been examined. Statement of appellant under Sec. 313 of the Cr.P.C. was recorded, wherein accused/appellant has pleaded innocence and false implication in the matter.