RAJURAM USENDI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the CrPC is directed against the impugned judgment of conviction and order of sentence dtd. 30/3/2015 passed by the 2nd Additional Sessions Judge, Raipur, in Sessions Trial No.164/2013 by which the appellant has been convicted for offence under Sec. 302 of the IPC and sentenced to undergo imprisonment for life and pay fine of Rs.5,000.00, in default of payment of fine to further undergo additional rigorous imprisonment for six months.

(2.) Case of the prosecution, in brief, is that on 1/5/2013, in Medical College Hospital Premises, Raipur, under the jurisdiction of Police Station Moudahapara, the appellant assaulted Raju Vishwakarma by stone and brick by which he suffered injuries and died on 4/5/2013. Further case of the prosecution is that the appellant and the deceased both were residing in the hospital premises in cycle stand and the deceased used to pull rickshaw and also used to collect leaves for cattle. The appellant also used to go along with the deceased for collecting leaves for cattle and they used to sell the same. It is also the case of the prosecution that the appellant and the deceased both used to take meals together and on the date of offence, both drank liquor together and came back to the house and the deceased was sleeping upon which the appellant wanted to wake him up for taking meals to which the deceased did not respond and did not wake up by which the appellant became angry and assaulted him on head by stone by which the deceased suffered injuries and died on 4/5/2013 during the course of treatment. Morgue intimation was recorded vide Ex.P-1 and inquest was conducted vide Ex.P-9. Dead body of deceased Raju Vishwakarma was sent for postmortem which was conducted by Dr. R.K. Singh (PW-6) vide Ex.P-11 and cause of death was stated to be cardio respiratory failure as a result of head injury and its complications. FIR was registered vide Ex.P-21. Pursuant to the memorandum statement of the appellant vide Ex.P-2, stone and pieces of cement bricks were recovered vide Ex.P-4. Seized articles were sent for chemical examination to the FSL, Raipur and FSL report was also brought on record as Ex.C-1 in which human blood was found on Article 'A' ' plastic gunny bag and blood was found on Articles B and J ' soil.

(3.) Statements of the witnesses were recorded under Sec. 161 of the CrPC. After due investigation, the accused / appellant was charge-sheeted for offence under Sec. 302 of the IPC and charge-sheet was filed before the jurisdictional criminal court i.e. Judicial Magistrate First Class, Raipur, and the case was committed to the Court of Sessions, Raipur from where the learned 2nd Additional Sessions Judge, Raipur received the case on transfer for trial.