RAJU @ SUCHU Vs. STATE OF C,G.

JUDGEMENT

(1.) This criminal appeal filed by the appellant-accused under Sec. 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dtd. 27/8/2021, passed by the learned Second Upper Sessions Judge, Ramanujganj, District Balrampur- Ramanujganj (C.G.) in Sessions Trial No.12/2018, whereby the appellant-accused has been convicted for offence under Sec. 302 of the IPC and sentenced to undergo imprisonment for life and fine of Rs.200.00, in default of payment of fine, to further undergo R.I. for 2 months.

(2.) Case of the prosecution, in brief, is that marriage of appellant was settled alongwith one Saraswati, therefore, appellant used to go and stay in her house. On 21/10/2017 also appellant was staying in the house of Saraswati, then deceased - Gheenu Paikra came in the house of Saraswati and quarreling there with the family member (mother) of Saraswati, hence, appellant got angered and assaulted deceased Gheenu Paikra by means of wooden club, as a result thereof, Gheenu Paikra sustained multiple injuries on his head. He was treated by applying bandage and stitches was also done. Subsequently, he was admitted in Jansewa Mission Hospital for 4 - 5 days, thereafter, he was brought in the home and all of a sudden, his health condition was deteriorated day by day, therefore, he was being taken at District Hospital, Ambikapur where he died on 6/11/2017. On being informed by grandfather of deceased, Dehati Merg Intimation (Ex.P-1) was registered on 6/11/2017. Inquest report of dead body was prepared vide Ex.P-15. Postmortem of the deceased was conducted by Dr. Sohan Lal, Medical Officer, CHC, Kusumi, District Balrampur - Ramanujganj (C.G.) vide Ex.P-20 and found following injuries.

(3.) After investigation, the police filed charge-sheet in the court of Judicial Magistrate First Class, Rajpur, District Balrampur- Ramanujganj, who in turn, committed the case to the Court of Sessions, from where the Second Upper Sessions Judge, Ramanujganj, District Balrampur - Ramanujganj received the case on transfer for trial. The appellant/accused abjured his guilt and entered into defence that he has not committed any offence and he has falsely been implicated in the alleged crime.