BHEERA NARWAS 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. 3/3/2015 passed in Sessions Trial No.20/2014 by the Sessions Judge, North Bastar, Kanker (C.G.), by which the appellant stands convicted and sentenced as under:- <FRM>JUDGEMENT_48_LAWS(CHH)7_2023_1.html</FRM>

(2.) Case of the prosecution, in brief, is that, on 15/1/2014 at 6:00 pm, appellant herein assaulted his neighbour Dhanuram Baghel (hereinafter called as 'deceased') by wooden log as a result of which, deceased suffered grievous injuries over his body and died and thereby committed the offence. Further case of the prosecution is that the appellant and deceased both were neighbours. On 15/1/2014 at about 6:00 pm, the deceased, under the influence of liquor, came to the house of the appellant to leave appellant's son Kailash, who was intoxicated and at that time the appellant was sitting near the fire in the courtyard. Dhanuram started abusing the appellant in the name of his wife, but the appellant said don't abuse and asked him to leave and by saying so, the appellant took Dhanuram to his house but Dhanuram again followed the appellant and started hitting him with stick, upon which, the appellant, out of anger and in a fit of rage, assaulted the deceased Dhanuram with a wooden log causing single injury to the deceased, resulting into Dhanuram's death. The incident was witnessed by P.W.2 Basanta Bai, wife of deceased, who reported the matter to Police Station Partapur, where F.I.R. vide Ex.P.1 was lodged against the accused/appellant so also merg intimation was recorded vide Ex.P.1-A. Investigating Officer Naresh Deshmukh (P.W.11) prepared inquest proceedings vide Ex.P.5 and the dead body of deceased Dhanuram was sent to the Civil Hospital, Pakhanjur where Dr. Sukhdev Shende (P.W.8) conducted the post-mortem and gave his report vide Ex.P.8 opining that the cause of death was homicidal in nature due to severe hemorrhagic and neurogenic shock and excessive bleeding. Memorandum statement of the appellant was made vide Ex.P.3, on the basis of which, seizure memo vide Ex.P.4 was prepared, based on which, wooden log was recovered at his behest. This apart, spot maps were prepared vide Ex.P.11, Ex.P.11-A and 11-B. Seized articles were sent for examination to the F.S.L. vide Ex.P.16 and F.S.L. report vide Ex.P.19 was brought on record, according to which, blood was found on the wooden log. Query report has also been obtained vide Ex.P-10 and as per the said report, injury found on the body of the deceased could have been caused by the seized wooden log. During course of investigation, the appellant was arrested vide arrest memo Ex.P.14.

(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.