TEERATH RAM GOND 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. 27/12/2019 passed in Sessions Trial No.51/2019 by the 1st Additional Sessions Judge, Surajpur, District Surajpur, C.G., by which the appellant stands convicted for the offence under Sec. 302 of Indian Penal Code and sentenced to imprisonment for life and fine of Rs.2,000.00, in default of payment of fine amount additional rigorous imprisonment for six months.

(2.) Case of the prosecution, in brief, is that, on 1/5/2019 at about 5:00 pm, at village Dharsedi, Tariya Behera, Odagi, appellant herein assaulted Babu Singh (hereinafter called as 'deceased') with bamboo stick, as a result of which, deceased suffered grievous injuries over his body and died. Further case of the prosecution is that on 1/5/2019, PW-1 Mohar Say lodged a merg intimation at Police Station Jhilmili (Bhaiyathan) alleging in it that when he went to take bath in Chambothi pond, appellant, due to previous enmity, came there armed with tangi in his hand, started quarreling with him (PW-1) and tried to assault him, but on account of intervention by PW-5 Mangalsai and PW-6 Fuchai @ Sukhlal, who were also bathing there, he (PW-1) returned to his home. Thereafter, son of the complainant-deceased came to know about the incident from his father (PW-1), then deceased, after saying that 'yesterday appellant assaulted on his ox's stomach and today, he went to beat his father/complainant, now he (deceased) will beat him', left the home and at the house of Jaykaran (PW-7), he (deceased) met the appellant and said that 'why he went to assault his father', upon which appellant, who kept lathi in his hand, assaulted the deceased on his temple, neck and head with the said lathi, as result of which, deceased became unconscious and fell down and appellant ran away from there. Thereafter, he was taken to Government Hospital, Bhaiyathan where he was declared dead by Doctor. On the report of complainant-PW-1, PW-12 Gajpati Mirre, Assistant Sub-Inspector, registered unnumbered merg intimation (Ex.P-1) and FIR (Ex.P-2) against the appellant for the offence under Sec. 302 of IPC and thereafter, numbered merg intimation (Ex.P-13) and FIR (Ex.P-14) were registered against the appellant for the offence under Sec. 302 of IPC. During investigation, spot maps Ex.P-5 and Ex.P-19 were prepared, inquest proceeding was conducted vide Ex.P-3A and dead body was sent for postmortem examination which was conducted by PW-10 Dr. Gaurav Kumar Singh, who has proved the postmortem report Ex.P-11A. According to postmortem report, cause of death of the deceased was due to brain haemorrhage and coma and death was homicidal in nature. Accused/appellant was also sent for medical examination to Community Health Centre, Odagi where Dr. Manish Mishra (DW-5) examined the appellant and found lacerated wounds over forehead, right arm and left leg as well as swelling, which was proved by him (DW-5) vide Ex.D-13. From the spot, one bamboo stick, one blue colour scarf of deceased and plain and blood stained soil were seized vide Ex.P-6. Vide Ex.P-7, T-shirt of deceased was seized. However, no memorandum statement of the present appellant was available on record. Seized articles were sent to FSL for chemical examination vide Ex.P-10 and as per FSL report (Ex.-P-20), blood of group 'B' has been found on the seized soil, scarf and bamboo stick. Query report has also been obtained vide Ex.P-12 and as per the said report, injuries found over the body of the deceased could have been caused by the seized bamboo 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.