SHESNATH Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 20.4.2011 passed by Additional Sessions Judge, Janjgir Champa, in Sessions Trial No. 125/2010 convicting the accused/appellant under Sections 324 and 304 (Part-II) I.P.C. and sentencing him to undergo rigorous imprisonment for two years with fine of Rs. 2000/- u/s. 324 and rigorous imprisonment for four years with fine of Rs. 10.000/- u/s. 304 (Part-II) IPC, plus default stipulations. Facts of the case in brief are that on 1.3.2010 FIR Ex. P-8 was lodged by Bhagwat Prasad Kashyap (PW-6) alleging that on that day it was Holi festival and at about 12 noon when his brother Umesh (since deceased), Manoj (PW-7) and other persons were dancing near a temple, accused/appellant who was standing there carrying something in his hand, first abused his brother and other persons who were dancing and threatened them saying as to why they were creating nuisance. Thereafter, he threw acid at Umesh and his friends on account of which his brother and other persons started shouting that accused/appellant had thrown acid on them. It is alleged that the incident was witnessed by himself, Damru Chandrapal Kashyap , Firatram Ratre and others. It is alleged that burn injuries were caused on the head, face, chest and stomach of deceased Umesh and injured Manoj. Thereafter, both of them were taken to hospital and then the report was lodged. Based on this FIR, offences under Sections 294, 506, 324 and 326 IPC were registered against the accused/appellant. Umesh was medically examined on the same day by Dr. N. Prasad (PW-4) at Shivrinarayan hospital vide report Ex. P-4. Manoj (PW-7) was also examined on the same day and by the same doctor and the medical report in respect of him is Ex. P-5. Looking to the serious condition of Umesh he was shifted to CIMS, Bilaspur and then to Raipur where he was admitted in Life Worth Hospital on 6.3.2010. In the hospital at Raipur he was medically examined by Dr. Jawahar Agrawal (PW-10) and complete record of the said hospital is Ex. P-15. On 10.3.2010 Umesh succumbed to the injuries sustained by him and information to this effect was sent to police station, vide Ex. P-16. Post mortem examination on the dead body of Umesh was conducted on 11.3.2010 by Dr. Ullhas Ganade (PW-3) and according to him cause of death was cardio respiratory arrest due to burn injuries and its complications. After investigation, charge sheet was filed on 16.8.2010 under Sections 294, 506, 324, 326 and 302 IPC. Court below however framed the charge against him under Section 294, 307 and 302 IPC.

(2.) In support of its case, prosecution has examined 16 witnesses. Statement of the accused/appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the charges levelled against him and pleaded his innocence and false implication in the case. This apart, accused/appellant also examined himself as (DW-1) in support of his case.

(3.) After hearing the parties, the Court below has convicted and sentenced the accused/appellants as mentioned in paragraph No. 1 of this judgment.