MAHESH KUMAR SHARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant herein under Sec. 374(2) of CrPC is directed against the impugned judgment dtd. 28/02/2012 passed in Sessions Trial No. 55/2010 whereby learned Additional Sessions Judge, Mungeli, Distt. Bilaspur has convicted the appellant herein for offence punishable under Sec. 302 of IPC and sentenced to undergo imprisonment for life and fine of Rs.2000.00 and in default of payment of fine further R.I. for 1 year.

(2.) Case of the prosecution, in brief, is that Gangaram (deceased), a student in the school where the appellant was serving as a Teacher, had seen the appellant in a compromising situation with P.W.11 and on that account, on 02/10/2010, in between 09:30 AM to 05:00 PM, the appellant, with the intention of causing death of Gangaram, assaulted him with knife and threw his body into a ditch, due to which the appellant sustained injuries on his face and body and ultimately, succumbed to death.

(3.) Further case of the prosecution is that on 02/10/2010, Sitaram (P.W.14), grandfather of deceased Gangaram, and his wife Kavribai found the body of Gangaram lying in the field of Babaji in an unconscious position. Thereafter, they firstly took deceased Gangaram to Jarhagaon Police Station. In between, on the way to Police Station, Kashiram (P.W.13), uncle of deceased Gangaram, also joined them and found that Gangaram was in an unconscious position and was unable to speak and he had suffered injuries on his face and body. After reaching the Police Station, Kashiram (P.W.13) lodged First Information Report at 05:45 PM vide Ex. P/16 and thereafter, they took Gangaram to Community Health Center, Mungeli for treatment wherein Dr. Sudesh Ratre (P.W.9) examined him at 06:10 PM and he found that injuries were inflicted upon him with a hard and sharp object. In his statement before the Court, Dr. Sudesh Ratre (P.W.9) has stated that when he examined Gangaram, he was in an unconscious position and he was unable to speak and since he had already lost a lot of blood, after primary treatment, he was referred to SIMS Hospital. However, it is the case of the prosecution that when the deceased was in Mungeli Hospital, he had given oral dying declaration to his father Tularam (P.W.2) and had stated that Sharma Sir (appellant) has assaulted him. Thereafter, while Gangaram was being escorted to SIMS Hospital, he succumbed to death on the way.