LAWS(CHH)-2014-7-35

ROOPAN SAI Vs. STATE OF M P

Decided On July 02, 2014
Roopan Sai Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 8th September, 1998 passed by the II Additional Sessions Judge, Ambikapur, Distt. Surguja in S.T. No. 181/97 convicting each of the accused/appellants under Section 302/34 of IPC and sentencing them to undergo life imprisonment, to pay a fine of Rs. 200/- and in default thereof, to undergo additional RI for one year. In the present case, name of the deceased is Ishwar, It is alleged that on 5.5.1997 on the eve of Katori festival, the villagers of Village-Mohanpur had gathered and there after consuming liquor quarrel took place between the accused persons and the deceased. It is alleged that in the said incident, deceased Ishwar was beaten by the accused persons and accused/appellant No. 1 Roopansai sat on the chest of the deceased and pressed his neck as a result of which Ishwar died on the next day i.e. 6.5.1997 at about 10 am on the way while being taken to hospital. On 6.5.1997 at 3 pm FIR (Ex.P/1) was lodged by PW-1 Bholaram alleging in it that on 5.5.1997 for celebrating Katora festival when he was going towards the place of worship, on the way near the house of Sapan Kanwar he heard the commotion of quarrel and when he reached there, he saw the deceased lying on the floor and accused/appellant No. 1 Roopansai sitting on his chest and pressing his neck. At that time, acquitted accused Nawalsai was holding the deceased whereas accused/appellant No. 2 Sukhnath was beating him with kicks. He has stated that the matter was intervened by some of the villagers. Deceased Ishwar was taken to his house by his brother Jageshwar Kanwer, however, he was complaining of pain on his neck, he was unable to eat and speak and there was swelling on his neck. According to this witness, considering the serious condition of the deceased when he was being shifted to hospital, on the way he expired. Immediately after lodging FIR, merg intimation (Ex.P/2) was recorded at the instance of PW-1 Bholaram. Postmortem on the body of the deceased was conducted on 7.5.1997 vide Ex.P/12 by Dr. A.R. Jayant (PW-8), who opined that the cause of death is asphyxia due to throttling and the death was homicidal in nature. After investigation, charge sheet was filed against the accused persons under Section 302/34 of IPC and accordingly, charge was framed against them.

(2.) So as to hold the accused persons guilty, the prosecution examined as many as 09 witnesses. Statements of the accused persons were recorded under Section 313 of Cr.P.C. in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication. In their defence, they examined Dr. B.S. Sengar, Sitabai and Aswani Shrivastava as DW-1, DW-2 & DW-3 respectively.

(3.) The trial Court after hearing counsel for the respective parties and considering the material available on record, by the impugned judgment while acquitting accused Nawalsai of the charge under Section 302/34 of IPC, convicted and sentenced the accused/appellants as mentioned in para-1 of this judgment.