JAGLAL MANJHI 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. 19/3/2015 passed in Sessions Trial No.102/2014 by the 1st Additional Sessions Judge, Raigarh, C.G., by which the appellant stands convicted and sentenced as under:- <FRM>JUDGEMENT_34_LAWS(CHH)8_2023_1.html</FRM>

(2.) Case of the prosecution, in brief, is that, on 17/1/2014 in between 2:00 pm to 7:00 pm, appellant, due to previous enmity with Ghasiya Ram Rathiya (hereinafter called as 'deceased) with regard to possession of the agricultural field, assaulted the deceased with Tangi, by which deceased sustained grievous injuries over his body and died. Further case of the prosecution is that PW-2 Mahettar Ram, son of the deceased, reported the matter to the Police Station stating that the dead body of his father-deceased was found by him as well as the villagers near the disputed land. On the report of PW-2 Mahettar Ram, merg intimation Ex.P-1 was recorded, FIR Ex.P-2 was registered against the unknown person and spot map was prepared vide Ex.P-24. Inquest proceeding was conducted vide Ex.P-13 and dead body was sent for postmortem examination which was conducted by PW-6 Dr. Chandra Shekhar Sidar, who has proved the postmortem report Ex.P-11. According to postmortem report, cause of death of the deceased was coma due to head and posto back injury caused by hard and sharp heavy object. During investigation, statements of the witnesses were recorded and it was found that the said incident was witnessed by PW-5 Satturam Rathiya, pursuant to which appellant was arrested and his memorandum statement was recorded vide Ex.P-8 consequent to which blood stained tangi and clothes of the appellant were seized vide Exs.P-8 and P-9 respectively. Seized articles were sent to FSL for chemical examination but no FSL report has been brought on record.

(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.