BHIMA BAGHEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present appeal is against the judgment of conviction and order of sentence dtd. 30/12/2019 passed by the Sessions Judge, Bastar at Jagdalpur, in ST No.30/2019 whereby the trial Court sentenced the accused to undergo life imprisonment with fine of ? 500/- for the offence under Sec. 302 of the Indian Penal Code (for short 'the IPC'). The trial Court also imposed default sentence in case of failure to pay the fine.

(2.) Filtering the unnecessary details, the prosecution case is that on 17/3/2019 the complainant Kanu Ram (PW-1) was at his residence and at that time Mahadev Baghel (since deceased) came by beating the drum (???); the appellant followed him; and also asked for a drum, however, the deceased refused to give the same, therefore, on this issue, the dispute aggravated and they entered into scuffle. In the process, the head of the deceased was smashed on stone wall on 3-4 times, as a result of which, the deceased fell down on the floor and thereafter, the other villagers were informed; police came; and merg intimation (Ex.P/1) was registered subsequently. When it was found that the deceased has died, the offence under Sec. 302 of the IPC was registered. The dead body of the deceased was subjected to postmortem and it was opined that death was caused because of ante mortem injury. The drum was seized and after recording statements of the witnesses the charge sheet was filed.

(3.) During the course of trial the appellant/accused abjured his guilt and claimed to be tried. The prosecution examined as many as 16 witnesses. Upon appreciation of evidence, the trial Court came to a finding that the appellant has committed the offence and convicted & sentenced him as mentioned above. Thus, this appeal.