AJIT KUMAR RAUTIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant herein under Sec. 374(2) of the Cr.P.C is directed against the judgment of conviction and order of sentence dtd. 26/2/2015 passed in Special Sessions Trial No.13/2014 by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Jashpur, C.G., by which the appellant stands convicted and sentenced as under:- <FRM>JUDGEMENT_54_LAWS(CHH)7_2023_1.html</FRM>

(2.) Case of the prosecution, in brief, is that, on 3/11/2013, at about 7:00 pm, at village Ambachuna, appellant herein assaulted Kristopher, a member of Scheduled Tribe, (hereinafter called as 'deceased') with wooden stick, as a result of which, deceased suffered grievous injuries over his body and died and thereby committed the offence. Further case of the prosecution is that PW-4 Vinod Lakda reported the matter to the Police Station, Kunkuri, stating that on 3/11/2013, at about 7:00 pm, he went to the town Ambachuna, at that time, appellant, under the influence of liquor, came there, started quarreling with the deceased, abused him in filthy language, threatened him of life and out of anger, assaulted the deceased with wooden stick, by which deceased sustained grievous injuries over his body and during treatment in the hospital, on 12/11/2013, he died. On the report of PW-3 Vinod Lakda, Dehati Nalishi was registered vide Ex.P-1 and on that basis, FIR Exs.P-13 and 14 was registered against the appellant. Merg intimation Ex.P-23 was recorded and spot map was prepared vide Ex.P-3. Inquest proceeding was conducted vide Ex.P-18 and dead body was sent for postmortem examination which was conducted by PW-19 Dr. C.K. Say, who has proved the postmortem report Ex.P-19. According to postmortem report, cause of death of the deceased was subdural haemorrhage due to fracture of skull bone. From the possession of the appellant, wooden stick has been recovered vide Ex.P-4 but the seized wooden stick has not been sent to FSL for chemical examination. Query report has also been obtained vide Ex.P-20 and as per the said report, injury found on the body of the deceased could have been caused by the seized wooden stick.

(3.) After due investigation, the appellant was charge-sheeted before the jurisdictional criminal Court and the case was committed to the trial Court for hearing and disposal in accordance with law, in which appellant/accused abjured his guilt and entered into defence by stating that he has not committed the offence.