AJAY SIDAR 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 impugned judgment of conviction and order of sentence dtd. 14/3/2014 passed in Sessions Trial No.91/2013 by the Second Additional Sessions Judge, Sakti, District Janjgir-Champa, C.G., by which the appellant stands convicted and sentenced as under:-

(2.) Case of the prosecution, in brief, is that on 18/2/2013 at about 3:00 pm near Baba Khaiya Road (Talab) at village Faraswani, some altercation took place between the deceased Radha Bai and appellant on which appellant committed marpeet with Radha Bai/deceased and assaulted her with wooden stick, hands and fists, as a result of which she sustained injuries on her body, fell down on the road and became unconscious. Thereafter, one Gourilal reached the spot and took the deceased at her home and at about 10:00 pm, Radha Bai/deceased died. The said incident was informed to PW-2 Jairam / son of the deceased over telephone. Then, PW-2 Jairam came to the village Faraswani and lodged the FIR Ex.P-4 against the appellant and merg intimation Ex.P-05 was also recorded. Inquest proceedings were conducted vide Ex.P-7. Nazri Naksha and spot panchnama were prepared vide Exs. P-1 and P-2 respectively. On the recommendation of the panchas, dead body was sent for postmortem examination which was conducted by PW-08 Dr. N.P. Mishra, who has proved the postmortem report Ex.P-14. In the postmortem report, cause of death was stated to be shock due to internal hemorrhage, head injury and injury on other parts of the body. Appellant was arrested vide Ex.P-12. Memorandum statement of the appellant was recorded vide Ex.P-9 consequent to which one wooden stick was seized at his instance vide Ex.P-10 in presence of two witnesses i.e. PW-4 Ratan Singh and PW-06 Harihar Singh. Seized article was sent to FSL for chemical examination but no FSL report has been brought on record. Query report Ex.P15 has also been obtained vide Ex.P-15 and as per the said report, injury found on the body of the deceased could have been caused by the seized wooden 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.