ANAND SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred under Sec. 374(2) of the CrPC is directed against the judgment of conviction recorded and sentence awarded by the learned Sessions Judge by which the appellants have been convicted for offence under Sections 302 read with Sec. 34 and 450 of the IPC and sentenced to undergo imprisonment for life and pay a fine of Rs. 1,000/- each, in default, to further undergo RI for three months and to undergo RI for three years and pay a fine of Rs. 1,000/- each, in default, to further undergo RI for three months, respectively. The sentences were directed to be run concurrently.

(2.) Case of the prosecution, in brief, is that on 30-12-2010 at about 4.30 p.m., the three appellants herein entered into the house of deceased Bahadur Singh forcefully and started abusing him and threatened to kill him and at that time, Anand Singh (A-1) assaulted Bahadur Singh by hands and fists on his face and neck, and the other accused / appellants were present there and were standing on the spot. On account of injuries so caused, Bahadur Singh became unconscious and started bleeding from nose and immediately, he was admitted to Holy Cross Hospital, Kunkuri, but he was referred to higher medical centre whereby he was escorted to hospital at Ranchi, but on the way to hospital at Ranchi, he succumbed to the injuries sustained by him and died. On 1-1-2011, Vivekanand Singh (PW-4) informed the police and morgue intimation vide Ex.P-6 was recorded and thereafter, FIR Ex.P-5 was registered and copy of the FIR was sent to the jurisdictional Magistrate vide Ex.P-3. The investigating officer reached to the spot and prepared inquest Ex.P-8. On being produced by Vivekanand Singh (PW-4), shawl and baniyan with bloodstains were recovered from the spot vide Ex.P-9 and spot map Ex.P-10 was prepared. Dead body of the deceased was sent for postmortem vide Ex.P-12A which was conducted by Dr. Purushottam Singh (PW-9) and cause of death was reported to be subarachnoid haemorrhage due to trauma of nose.

(3.) After completion of investigation, the appellants were charge-sheeted by the respondent herein and on the case being committed, charges were framed against the appellants herein for offence under Sections 302 read with Sec. 34 and 450 of the IPC. The appellants abjured the guilt and entered into witness / defence.