MANGAL AGARIYA 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. 30/4/2015 passed in Sessions Trial No.55/2014 by the Sessions Judge, Surajpur, District Surajpur, C.G, by which the appellant stands convicted and sentenced as under:- <FRM>JUDGEMENT_49_LAWS(CHH)7_2023_1.html</FRM>

(2.) Case of the prosecution, in brief, is that, on 21/1/2014, at about 9:00 am, at village Shivnandanpur, Mandlapara, appellant herein assaulted Mandal Chauhan (hereinafter called as deceased), with wooden stick, as a result of which, deceased suffered grievous injuries over his head and died and thereby committed the offence. Further case of the prosecution is that on the fateful day i.e. 21/1/2014, on account of collecting water from hand-pump, dispute arose between the appellant and Kaval Sai-elder brother of deceased and Kaval Sai abused the appellant in filthy language by saying that he will first collect the water from hand-pump. In order to take revenge, appellant came to the house of deceased, took the deceased with him and out of anger, assaulted the deceased over his head with wooden stick, by which deceased sustained grievous injury over his head and died. The incident was informed to PW-1 Chandramuni Chauhan @ Chandmuni, wife of appellant by her daughter- Sulena. Upon which she rushed to the spot and saw the deceased lying dead on the floor. Thereafter, on the report of PW-1 Chandramuni Chauhan @ Chandmuni, wife of deceased, merg intimation Ex.P-10 was recorded and FIR Ex.P-11 was registered against the appellant. Inquest proceeding was conducted vide Ex.P-2 and dead body was sent for postmortem examination which was conducted by PW-5 Dr. J.B. Singh, who has proved the postmortem report Ex.P-8. According to postmortem report, cause of death of the deceased was syncope followed by shock due to head injury (fracture of skull bone with excessive blood loss). Memorandum statement of appellant was recorded vide Ex.P-4, pursuant to which, wooden stick has been recovered vide Ex.P-5. Seized wooden stick was sent to FSL for chemical examination vide Exs.P-18 and 19 but no FSL report has been brought on record. Query report has also been obtained vide Ex.P-9 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.