SHIV KUMAR CHERWA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The accused/appellant stands convicted in Sessions Trial No. 43/2002 by the 3rd Additional Sessions Judge (Fast Track Court), Surajpur, District Surguja for the commission of offence under Section 302 of the IPC and has been sentenced to undergo imprisonment for life and further to pay a fine of Rs. 200.00, in default of payment of fine to further undergo imprisonment for three months.

(2.) The case of the prosecution is that on 2-10-2001 at about 9 p.m. at Village Amandon, on account of the death of Dhansai, villagers were invited on post funeral ceremony to take their meal at the residence of Dhansai. Accused/appellant Shiv Kumar and deceased Shiv Ratan had also went to take dinner at the residence of Dhansai. On account of previous enmity, Shiv Ratan (since deceased) asked accused Shiv Kumar that as he has been ostracized, therefore, why he has come for taking dinner. On this some hot words were exchanged between the two and the accused left the scene. Shiv Ratan went to tube well which was near the house of Dhansai. After some time, accused Shiv Kumar came and started abusing Shiv Ratan (since deceased) in the name of mother and sister and after threatening him with dire consequences, assaulted him with a club of Sarai tree on his back and head on account of which Shiv Ratan fell down on earth and became unconscious. After hearing the hue and cry, Manwa Devi came on the scene, brought water from the well and poured on the head of the deceased. By that time, villagers collected there and Shiv Ratan was taken to Pratappur hospital. The matter was reported by one Salauddin to the Police Station, Pratappur, where the offence under Sections 294, 506, 323 and 307 of the IPC was registered. First aid treatment was given by the Primary Health Centre, Pratappur, and thereafter, Shiv Ratan was referred to the District Hospital, Ambikapur. But he succumbed to the injuries on way to Ambikapur Hospital. Merg intimation was given to the police station and the police converted the offence under Section 302 of the IPC.

(3.) After investigation, charge sheet was filed against the accused/appellant in the Court of Judicial Magistrate, First Class, Surajpur, who in turn committed the case to the Sessions Judge, Ambikapur, from where the Additional Sessions Judge, Surajpur, received the case on transfer. After framing charge, recording the evidence and hearing the arguments, learned Additional Sessions Judge convicted and sentenced the accused/appellant in the aforesaid manner.