NAND KISHORE GIRI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant has preferred this appeal under Sec. 374(2) of the CrPC against the impugned judgment of conviction recorded and sentence awarded by the learned Additional Sessions Judge, Bhatapara in Sessions Trial No.35/2011 by which he has been convicted for offence under Sec. 302, in alternative, Sec. 302 read with Sec. 34 of the IPC and sentenced to undergo imprisonment for life and pay a fine of Rs.2,000.00, in default of payment of fine to further undergo additional rigorous imprisonment for one year.

(2.) Case of the prosecution, in brief, is that on 28/10/2011 at 05:00 p.m. at Village Sinoudha, the appellant and one juvenile co-accused Dushyant Giri assaulted deceased Venkat Giri Goswami by hands and fists by which he suffered grievous injuries and died and thereby committed the offence. Further case of the prosecution, in short, is that on 28/10/2011, deceased Venkat Giri Goswami was scolding his son Dhanesh Giri Goswami for not performing the household work, but the appellant and the juvenile co-accused treating that they are being abused, assaulted Venkat Giri Goswami by hands and fists which was entered into roznamcha sanha vide Ex.P-11 at Police Station Nevra by Sheikh Karimuddin Qureshi (PW-10). Venkat Giri Goswami was medically examined vide Ex.P-12A by Dr. G.R. Agrawal (PW-13) and he was referred to Dr. B.R. Ambedkar Memorial Hospital, Raipur where on 29/10/2011, during the course of treatment, he succumbed to death. Morgue intimation was recorded vide Ex.P-8 and inquest was prepared vide Ex.P-1. Postmortem was conducted vide Ex.P-6 by Dr. S.K. Bagh (PW-11) and cause of death was stated to be due to cardio-respiratory failure as a result of multiple injuries suffered by the deceased and their complications. First information report (FIR) was registered vide Ex.P-13, spot map was prepared vide Ex.P-14 and the accused / appellant herein was arrested vide arrest memo Ex.P-15. Patwari also prepared the spot map vide Ex.P-3.

(3.) Statements of the witnesses were recorded under Sec. 161 of the CrPC. After due investigation, the appellant was charge-sheeted excluding the juvenile co-accused and charge-sheet was filed before the jurisdictional criminal court and the case was committed to the Court of Sessions from where the learned Additional Sessions Judge received the case on transfer for conducting trial and hearing and disposal in accordance with law.