BAIGA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellants under Sec. 374 (2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dtd. 20/4/2001, passed by Additional Sessions Judge, Surajpur, District Sarguja in Sessions Trial No. 369/1999 whereby the appellants have been convicted for offences punishable under Ss. 304 part II read with Sec. 34 IPC and sentenced them to undergo rigorous imprisonment for 7 years.

(2.) Case of the prosecution, in brief, is that on 27/5/1999 on account of Dashahara festival, a programme was organized in village Semrakala where Guddi Bai (PW-1) and Sitabai (PW-9) had gone to see the programme. At about 9.00 o'clock husbands of Sitabai and Guddibai namely Jokhan and Bannuram had also gone to see the programme. During programme, Vifan told to Jokhan that day before yesterday, he had taken large quantity of pork than you on this they were quarreling with each other and thereafter Vifan caught hold Jokhan and his younger brother accused Baiga came with Gainda (stick) and assaulted on the head of Jokhan as a result of which he sustained injuries and blood was oozing and he fell on the ground and became unconscious. It is alleged that when somehow the accused woke up again Baiga assaulted on the temple of Jokhan and when Sitabai intervened in the scuffle then accused Baiga committed marpit with hands and fists to Sitabai. It is further alleged that on account of over night, the report could not be lodged on the same day. On the next day, ie. on 28/5/1999 the FIR (Ex.P-11) was lodged in police station Pratappur under Crime No. 98/99 for the offence punishable under Sec. 307 read with Sec. 34 IPC. After registration of offence, Jokhan was taken to hospital, thereafter, he was sent to District Hospital, Ambikapur for treatment and on 3/1/1999 he succumbed to death. The offence was registered against the appellant under Sec. 302/34 IPC. The prosecution after usual investigation has submitted the charge sheet before the concerning Judicial Magistrate First Class- Surajpur, who in turn committed the case to the Court of Sessions Judge, Surajpur.

(3.) Learned Additional Sessions Judge after perusal of the records reached the conclusion that there was sufficient material to frame charges under Sec. 304 part II IPC. The accused/appellants denied the charges and claimed to be tried.