GANESH YADAV 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. 27/9/2014, passed by the learned 3rd Additional Sessions Judge, Raipur, (C.G.) in Sessions Trial No.282/2013, by which the appellant herein has been convicted for the ofence punishable under Ss. 302 and 201 of Indian Penal Code (hereinafter referred as 'IPC') and sentenced to imprisonment for life and fne of Rs.500.00and rigorous imprisonment for 5 years and fne of Rs.200.00respectively with default stipulations.

(2.) In the present case, name of the deceased is Radheshyam Yadav. Case of the prosecution, in brief, is that on 4/8/2013 at about 9.30 PM near an egg stall situated as Dabripara Katoratalab, Raipur, a dispute took place between the appellant and the deceased. It is alleged that at that time the appellant and some of his friends engaged in a quarrel with the Radheshyam (deceased) and appellant assaulted him in his neck with the help of steel jhara due to which the appellant sustained injuries and thereafter died. It is alleged that on the next day, the dead body of the deceased was found foating in the pond of that locality. On the basis of the Dehati Nalishi (Ex.P-18), Rajaram @ Golu Yadav (PW-14), who is the brother of the deceased lodged F.I.R. (Ex.P-21). Inquest proceedings vide Ex.P16 was conducted. Dead body of the deceased was sent for postmortem which was conducted by Dr. S.K. Bagh (PW-11) and the postmortem report is Ex.P-12. As per the report, total 13 injuries were found in the dead body of the deceased and it was opined by the Doctor that death of the deceased was caused due to Asphyxia as a result of compression on neck and associated injuries to body. However, nature of death of the deceased has not been stated by the Doctor. During course of investigation, memorandum statement (Ex.P-1) of the appellant was recorded under Sec. 27 of the Evidence Act and on the basis of which seizure memo (Ex.P-2) was prepared and one steel jhara was seized from the instance of the appellant. Statement of the witnesses were recorded under Sec. 161 of the Cr.P.C. After due investigation, appellant as well as co-accused Chhotu Yadav (acquitted) were charge-sheeted for the aforesaid ofence and committed to the Court of Sessions for hearing and disposal in accordance with law, in which the statement of the appellant under Sec. 313 of the Cr.P.C. was recorded wherein he abjured his guilt and pleaded innocence.

(3.) In order to bring home the ofence, prosecution examined as many as 16 witnesses and exhibited 31 documents and the appellant-accused in support of his defence examined two witnesses.