PREMSAI NAGESIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred under Sec. 374(2) of the CrPC is directed against the impugned judgment of conviction and order of sentence dtd. 10/9/2013 passed in Sessions Trial No.458/2011 by the Sessions Judge, Ambikapur, District Surguja, by which the appellant herein has been convicted for offence under Sec. 302 of the IPC and sentenced to undergo imprisonment for life and further sentenced to pay a fine of ? 1,000/- and to further undergo simple imprisonment for six months for want of failure to pay the fine amount.

(2.) Case of the prosecution, in brief, is that on 21/8/2011 at about 2.30 p.m. at Village Chitarpur, Bagichapara, Police Station Dhourpur, District Surguja, the appellant herein assaulted the deceased namely, Jagdish and thereby caused his death by wooden plank (kutela). It is admitted position on record that Naresh (PW-5) and the deceased were cousins. On 21/8/2011, deceased Jagdish had visited the house of the appellant herein demanding his coin which he had lost and he has reason to believe that it has been obtained by the daughter of the appellant namely Pancho Bai which the appellant refused and then some conversation took place and all of a sudden, the appellant assaulted the deceased by wooden plank by which the deceased suffered injuries on head and became unconscious. Thereafter, the deceased was taken to hospital where he remained hospitalized for two days and during treatment, he died. Further case of the prosecution, in brief, is that morgue intimation was registered at the instance of the District Hospital, Ambikapur on 27/8/2011 vide Ex.P-4 and deceased Jagdish was admitted to the District Hospital where he succumbed to the injuries sustained by him and died. FIR was registered vide Ex.P-6 and thereafter, inquest proceeding was conducted and body was sent for postmortem and postmortem was conducted by Dr. Sanjay Singh (PW-3) who submitted his report vide Ex.P-5A. Upon the disclosure statement of the appellant Ex.P-12, wooden plank (kutela) was seized vide Ex.P-13 and same was sent for chemical examination and the chemical examination report is Ex.P-19 according to which blood was found on the said wooden plank.

(3.) Statements of the witnesses were recorded under Sec. 161 of the CrPC. Thereafter, after completion of investigation, the appellant was charge-sheeted before the jurisdictional criminal court which was committed to the Court of Sessions for hearing and disposal in accordance with law.