SANNU KAVASI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant herein under Sec. 374(2) of the Cr.P.C is directed against the judgment of conviction and order of sentence dtd. 31/12/2015 passed in Sessions Trial No.88/2015 by the Sessions Judge, Bastar, Jagdalpur, C.G., by which the appellant stands convicted and sentenced as under:- <FRM>JUDGEMENT_23_LAWS(CHH)7_2023_1.html</FRM>

(2.) Case of the prosecution, in brief, is that, on 8/8/2015, appellant herein assaulted his uncle- Guver Kavasi (hereinafter called as 'deceased') with wooden stick, as a result of which, deceased suffered grievous injuries over her body and died and thereby committed the offence. Further case of the prosecution is that on 8/8/2015, PW-1 Gurbe and his husband-deceased were sitting in their house after having meal. Thereafter, appellant, nephew of deceased, came to his house and started quarreling with the deceased relating to the partition of land and out of anger, appellant assaulted the deceased with wooden stick, by which deceased sustained grievous injuries over his body and during treatment in the hospital, on 9/8/2015, he died. The matter was reported to the Police by PW-1 Smt. Gurbe, pursuant to which Dehati Nalishi was registered vide Ex.P-20 and on that basis, FIR Ex.P-21 was registered against the appellant. Initially, offence under Sec. 307 of IPC was registered against the appellant but after the death of deceased- Guver Kavasi, offence under Sec. 307 has been converted into one under Sec. 302 of IPC. Merg intimation Ex.P-9 was recorded and spot map was prepared vide Ex.P-26. Inquest proceeding was conducted vide Ex.P-02. Dead body was sent for postmortem examination which was conducted by PW-4 Dr. Kiran Patil, who has proved the postmortem report Ex.P-3. According to postmortem report, cause of death of the deceased was shock and haemorrhage due to blunt chest injuries to the vital organ. From the spot, wooden stick has been recovered vide Ex.P-12. Seized wooden stick was sent to FSL for chemical examination and as per FSL report (Ex.P-19), blood was not found on the seized wooden stick. Query report has also been obtained vide Ex.P-4 and as per the said report, injury found on the body of the deceased could have been caused by the seized bamboo stick.

(3.) After due investigation, the appellant was charge-sheeted before the jurisdictional criminal Court and the case was committed to the trial Court for hearing and disposal in accordance with law, in which appellant/accused abjured his guilt and entered into defence by stating that he has not committed the offence.