ANANDI VISWAS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS appeal is directed against judgment 22-1-2004 passed by Additional Session Judge, F.T.C., Ramanujganj, District Surguja in Sessions Trial No. 62/2003. By the impugned judgment, accused/appellant Anadi Viswas has been convicted and sentenced in the following manner: Conviction Sentence Under Section 304 Part II IPC Rigorous Imprisonment for 5 years and to play fine of Rs. 10,000.00, in default, to further undergo R.I. for 1 year

(2.) CASE of the prosecution, in brief, is as under: On 1-10-2002, at about 9 a.m. Sapan Kumar Gharami (PW-4) went to Police Station Balrampur along with Jatin Rai (PW-8) and Jagdish (PW-14) and gave intimation that he had gone to the village in search of a labourer and when he was returning, he saw that Pradeep Ghasiya (PW-1) of his village was grazing cattle. Deceased Manmat was lying there by the side of the road. On being asked, Pradeep Ghasiya (PW-1) told that the deceased and the appellant were abusing each other and quarreling. After the quarrel, when the deceased began to go back, he fell down there. He further told that Harendra Viswas (PW-3) had given water to the deceased. The deceased had sustained injury of his left cheek. The above was recorded as Merg Intimation vide Ex.-P-3. Investigating Officer A.S.I. Ashok Kujur (PW-16) reached the place of occurrence, gave notice (Ex.P-4) to Panchas and prepared inquest (Ex.P-5) on the dead body of the deceased. Spot-map was prepared by the Investigating Officer vide Ex.P-7. First Information Report (Ex.P-12) was registered in Police Station Balrampur. The dead body of the deceased was sent to Community Health Centre, Balrampur for post mortem examination. Dr. P.L.Verma (PW-15) conducted the post mortem examination on the dead body of the deceased and gave report (Ex.P.-10A), in which, he found (i) contusion, 3"ï¿ 1/22" on left eye, (ii) contusion, 2"ï¿ 1/22" on left shoulder. On opening the skull, he found that suchar was separated from each other and blood was coming out of the suchar. He opined that cause of death of the deceased was syncope due to extra and intra cranial haemorrhage and the death was homicidal in nature.

(3.) AFTER completion of the investigation, charge-sheet was filed against the appellant in the Court of Judicial Magistrate First Class, Ramanujganj, who, in turn, committed the case to the Court of Session, Surguja, from where it was received on transfer by Additional Sessions Judge, F.T.C., Ramanujganj, District Surguja, who conducted the trial and convicted and sectenced the appellant as mentioned above.