ISHWER PRASAD NISHAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred by the convict/appellant against the judgment of conviction and order of sentence dtd. 6/3/2014 passed by the learned 1st Additional Sessions Judge, Baloda-Bazar, District Baloda-Bazar, in Sessions Trial No. 60/2013 whereby the convict/appellant has been convicted for offence punishable under Sec. 302 of the IPC and sentenced to undergo rigorous imprisonment for life and further sentenced to fine of Rs.1,000.00, in default of payment of fine, to further undergo rigorous imprisonment for two months.

(2.) The case of the prosecution, in nutshell, is that on the date of incident i.e. on 24/2/2011, the marriage procession (Barat) of Rakesh Nishad of village Rasauta was going in the vehicle i.e. Swaraz Mazda bearing registration No. CG-04-J-8890 belonging to Pannalal Sonkar of village Pathariya. In this vehicle, the appellant and Komal Verma and few other villagers were also there. The cargo space of the said vehicle was 4 feet in height and was open from the top without there being any tarpaulin cover. In the evening at about 4 to 4:30 pm, when the said vehicle reached somewhere near the Karhi Bazar Police Chowki Tiraha near Paddy Purchase Centre, the appellant threw the deceased Komal Verma over the shoulders out of the vehicle, who was standing by the side of the cargo space. Because of such act, the deceased sustained injuries on his head who was taken to the Government Hospital, Balodabazar and from there he was taken to Balaji Hospital, Raipur. From Balaji Hospital, Raipur, he was taken to Medical College Hospital, Raipur where the deceased died.

(3.) On the basis of the information given by the ward boy of the Medical College Hospital, Raipur, first merg intimation bearing No. 0/2011 (Ex. P-19) was recorded on 25/2/2011 at 11:55 hours by police of Police Station, Maudahapara, Raipur and thereafter, another merg intimation bearing No. 26/2011 (Ex. P-20) was recorded by the police of Police Station, Balodabazar on 2/3/2011 at 11:55 hours .