MOHIT YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction & order of sentence dated 29.08.2008 passed by the 1st Additional Sessions Judge, Baoda Bazar, District Raipur, in Sessions Trial No.22/2008, whereby & whereunder after holding the appellant guilty for causing homicidal death amounting to murder of Rama (since deceased), convicted him under Section 302 of the IPC and sentenced to undergo imprisonment for life and to pay fine of Rs.500/-, in default of payment of fine to further undergo imprisonment for 2 months.

(2.) Conviction is impugned on the ground that without there being any iota of evidence, the trial Court has convicted & sentenced the appellant as aforementioned and thereby committed an illegality.

(3.) As per the case of prosecution, on 10.10.2008 at about 5:00 pm, appellant was assaulting his son on the ground that by his negligent act, his cattle was injured then brother of appellant deceased Rama objected the same. Appellant abused the deceased, assaulted him and told why he intervening, which was witnessed by Sunita, Geeta and Sumitra Bai (PW/3). Deceased fell down and he was admitted in hospital for treatment. Punitram (PW/1), son of deceased, lodged dehati nalsi vide Ex.P/1. Deceased was examined by Pramod Tiwari (PW/11) vide Ex.P/14, and noticed that he was unconscious; bleeding through both nostril and fracture of base skull. He was referred to Medical College, Raipur vide Ex.P/14. Pramod Tiwari (PW/11) was asked whether Rama was in a position to give statement, which Doctor has replied vide Ex.P/10 that Rama was unconscious. Rama was further treated by Medical College, Raipur, where he died on 13.01.2008. Merg was recorded vide Ex.P/16. After summoning the witnesses vide Ex.P/2, inquest over the dead body of deceased was prepared vide Ex.P/3. Dead body of deceased was sent for autopsy to Dr. Ambedkar Hospital, Raipur, where Dr. Shivnarayan Manzi (PW/13) conducted autopsy vide Ex.P/17 and found following injuries:-