HARIHAR SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant under Sec. 374(2) of Cr.P.C. is directed against the impugned judgment dtd. 16/1/2014 passed by learned Sessions Judge, Korba, in Sessions Trial No.52/2013, by which the appellant herein has been convicted for the offence under Sec. 302 of Indian Penal Code and sentenced to imprisonment for life with fine of Rs.2,000.00 and in default of payment of fine, further 1 year imprisonment.

(2.) Case of the prosecution, in short, is that the appellant and deceased both were brothers and residing separately in one house and admittedly on the date of offence, dispute regarding partition of ancestral property was in existence. On the date of incident, on 21/4/2013, at about 3:00 P.M., the deceased Pooran Singh abused the appellant herein on the pretext of partition and assaulted him by wooden log on which the appellant pushed the deceased by which the deceased collided with the wooden door frame and thereafter fell into the ground and suffered injuries and ultimately succumbed to death. The appellant informed the said incident to the village Kotwar Ganesh Das and Ganesh Das visited the house of the appellant and had seen that the dead body of Pooran Singh was lying in his courtyard and the matter was reported by the village Kotwar (PW-1) to the police.

(3.) Thereafter, the police reached to the spot and registered the FIR vide Ex.P-1 and spot inspection map was prepared by Ex.P-2 and thereafter the inquest has been prepared vide Ex.P-10 and upon the recommendation of panchas, the dead body was subjected to post-mortem, which was conducted by Dr. Jyoti Sahu (PW-4), who has proved post-mortem report vide Ex.P-11. According to the post-mortem report, the cause of death was due to shock and coma and death was homicidal in nature. Pursuant to the memorandum statement of the appellant, bamboo stick was recovered which was sent for FSL and query report has been obtained by Ex.P-1, but no FSL report has been brought on record. According to the Doctor, the injury could have caused by such bamboo stick. After due investigation, the appellant was charge-sheeted for the offence under Sec. 302 of I.P.C. and committed to the Court of Sessions for trial in accordance with law, in which the appellant abjured his guilt and stated that he has not committed the offence.