SHANKAR NATH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellant under Sec. 374(2) of CrPC against the impugned judgment dtd. 07/03/2017 passed by learned Additional Sessions Judge, Ramanujganj in Sessions Case No. R-93/2014 whereby he has been convicted for offence punishable under Ss. 307 and 302 of IPC and has been sentenced to undergo R.I. for 10 years with fine of Rs.500.00 and in default of payment of fine, additional R.I. for 50 days and for life imprisonment with fine of Rs.500.00 and in default of payment of fine, additional R.I. for 50 days, respectively, with a direction to run both the sentences concurrently.

(2.) Case of the prosecution, in brief, is that on 04/07/2014 at about 6 PM at village Aamgaon within the ambit of Police Station Shankargarh, assaulted his father Mundar Ram with spade and caused his death and also assaulted his mother Runibai (P.W.-3) on account of which she suffered injuries which were sufficient to cause death.

(3.) Further case of the prosecution is that on 04/07/2014 at about 6 PM, appellant's father Mundar Ram and mother Runibai (P.W.-3) were making their share of the field cultivable when the appellant came therein armed with a spade on account of the dispute pertaining to partition, he started digging out the crops sown in the field by his father Mundar Ram and when Mundar Ram and Runibai (P.W.-3) tried to stop him, appellant assaulted Mundar Ram with spade and caused injury on his head due to which he died on the spot. Thereafter, with the intention of causing death of Runibai (P.W.-3) as well, the appellant assaulted her with spade and caused a few injuries due to which Runibai (P.W.-3) fell and became unconscious. At the time of the incident, appellant's brother Fuldev (P.W.-2) was present and appellant also tried to assault him but he ran away and saw the incident by hiding himself. When appellant went from the spot, Fuldev (P.W.-1) escorted his father Mundar Ram and mother Runibai (P.W.-3) to the Hospital wherein Mundarram was declared dead and Runibai (P.W.-3) was admitted to undergo treatment.