SALIK RAM MANJHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the CrPC preferred by the appellant-accused is directed against the impugned judgment of conviction and order of sentence dtd. 23/4/2015 passed by the learned Additional Sessions Judge, Gariyaband, Chhattisgarh in Sessions Trial No. 38/2014 by which appellant has been convicted for offence under Sec. 302 of the IPC and sentenced to undergo imprisonment for life and pay fine of ? 100/-; in default of payment of fine additional rigorous imprisonment for one month.

(2.) Case of the prosecution, in nutshell, is that on 17/3/2014 at about 8:30 pm, in front of Angan Badi Center near the house of Krishna Chakradhari, appellant assaulted Punitram Ganda by wooden stick on his head by which he suffered grievous injuries and died and thereby committed the said offence. The said incident was witnessed by Shivshankar Jaiswal (PW-2), Yashram Yadav (PW-3) and Champeshwar (PW-9). It is further case of the prosecution that after the incident Punitram Ganda was admitted to the hospital and during treatment he died on 18/3/2014. Merg Intimation and FIR were registered vide Ex.P/1 and Ex.P/2 respectively. Inquest proceedings (Ex.P/8) were conducted and the dead body of the deceased was sent for postmortem. As per postmortem report (Ex.P/9) conducted by G.L. Tandan (PW-7), cause of death was cardio respiratory failure due to head injury, excessive bleeding and death was homicidal in nature. Pursuant to memorandum statement of the appellant (Ex.P/4), wooden stick was seized vide Ex.P/5. Seized articles were sent for chemical analysis to FSL and in the FSL report (Ex.P/22) dtd. 30/4/2014 on Article C i.e. wooden stick, human blood was found.

(3.) After due investigation, appellant was charge-sheeted for the aforesaid offence and the case was committed to the Court of Sessions for trial in accordance with law. The appellant / accused abjured his guilt and entered into defence.