GHENVARAM NAG Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal filed by the appellant/accused under Sec. 374(2) of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') is directed against the impugned judgment of conviction and order of sentence dtd. 4/2/2022, passed by the learned Sessions Judge, Jagdalpur, District Bastar (C.G.) in Sessions Trial No. 12 of 2020, whereby the appellant/accused has been convicted for the offence punishable under Ss. 323 and 302 of the Indian Penal Code (IPC) and sentenced to pay fine amount of Rs.500.00, in default of payment of fine rigorous imprisonment for 01 month and undergo imprisonment for life and fine of Rs.1,000.00, in default of payment of fine additional rigorous imprisonment for 03 months (both the sentences run concurrently).

(2.) Case of the prosecution, in brief, is that the complainant, namely, Smt. Balmati (PW-6) lodged an oral complaint to Police Station Parpa that on 27/9/2019, she was at her house along with her husband Gonchu. On the faithful day when her hen not return to home she enquire about that from her neighbour and was murmuring herself. The accused/appellant got irritated at the point of time and abuses and fight with her and her husband. Due to his her husband received severe injuries on the head, thereafter, he was admitted in the Medical College, Nagarnaar, Jagdalpur where Doctor referred him to higher Medical Center, Raipur where her husband succumbed to death. On the basis of that information FIR (Ex.P-9) has been lodged. During investigation appellant was arrested and after completion of investigation Police of Police Station, Frezarpur, Parpa, District Bastar (C.G.) filed the charge-sheet against the accused/appellant. Dead body of the deceased was sent for postmortem to Pt. Jawaharlal Nehru Medical College, Raipur, where Dr. Shivnarayan Manjhi (PW-9) conducted postmortem over the body of the deceased vide Ex.P-15 and found following injuries:-

(3.) Statements of the witnesses were recorded. Bloodstained clothes of the deceased was sent to Forensic Science Laboratory for examination. After due investigation, the Police filed charge-sheet against the appellant before the jurisdictional criminal court and the case was committed to the Court of Sessions for trial from where the learned Sessions Judge, Jagdalpur, District Bastar (C.G.) received the case on transfer for trial and for hearing and disposal in accordance with law.