HEERA RAM SATNAMI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 26th of July, 2007 passed in Session Trial No. 38/2007 by the Second Additional Session Judge, Baloda Bazar, Raipur (C.G.). By the impugned judgment, the appellant has been convicted u/s 302 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs.50,000.00 with default sentence of R.I. for 5 years.

(2.) THE facts, briefly stated, are as under- Deceased- Ramesh Kumar Dhruw was Chowkidar in Forest Department. He had caught cattle of the appellant grazing in reserve forest area and had sent them to concerned forest depot. The allegations are that when the deceased was going to the bus-stand, the appellant came on the way and attacked over him by a tangia. The deceased received multiple serious injuries and succumbed to those injuries. The incident took place at about 7.30 a.m. on 1.11.2006. It was witnessed by Chaindas (PW-7), Mohit Sahu (PW-8) and Keshru (PW-9). Son of the deceased namely Jageshwar Prasad (PW-6) lodged merg intimation (Ex.-P/12), based on which the First Information Report (Ex.-P/13) was recorded. The Investigation Officer reached to the place of occurrence, gave notice (Ex.-P/1) to the Panchas and prepared inquest (Ex.-P/2) on the dead body of the deceased. The dead body of the deceased was sent for post-mortem to Government Hospital, Palari. The post-mortem examination was conducted by Dr. Mamta Thakur (PW-11). Following injuries were found on the dead body of the deceased:-

(3.) THE learned Session Judge relied on the testimonies of the above eye-witnesses and convicted and sentenced the appellant as aforementioned.