SHIV PRASAD DHRUW Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant appeal has been preferred by the accused against the judgment dtd. 30/10/2012 passed by the 5 th Additional Sessions Judge, Bilaspur in Sessions Trial No.25 of 2012, whereby the accused has been convicted under Sec. 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and pay fine of Rs.100.00 with default stipulation.

(2.) According to the case of prosecution, on 19/11/2011 at about 7 p.m., deceased Naresh Nut and Rajkumar (PW13) were consuming liquor in the house of Rajkumar (PW13). At that time, the Appellant came there and he also demanded liquor from them. On replying by Rajkumar (PW13) that the liquor is finished, the Appellant assaulted him by his hands and fists. The deceased asked the Appellant why he assaulted a weak person and tried to intervene. On this, the Appellant assaulted the deceased with the help of a Tabbal. As a result of the assault, the deceased sustained grievous injuries on head. He was taken to the hospital where he died during the course of treatment. On the basis of memorandum of the hospital, morgue intimation (Ex.P9) was registered. After morgue inquiry, First Information Report (Ex.P15) was registered. Statements of witnesses were recorded under Sec. 161 of the Code of Criminal Procedure. On completion of the investigation, a charge-sheet was filed against the Appellant. The Trial Court framed charge against him.

(3.) To rope in the Appellant, the prosecution examined as many as 14 witnesses. In examination under Sec. 313 of the Code of Criminal Procedure, the Appellant denied the guilt and pleaded innocence. No witness was examined in his defence.