BHARAT DEWANGAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant under Sec. 374(2) of Cr.P.C. is directed against the impugned judgment dtd. 7/10/2017, passed by the Court of learned Sessions Judge, Dhamtari, District-Dhamtari, Chhattisgarh, in Sessions Trial No. 24/2017, by which, the appellant herein has been convicted for the offence punishable under Sec. 302 of Indian Penal Code and sentenced to undergo imprisonment for life with fine of Rs.1,000.00 and, in default of payment of fine amount, to undergo additional rigorous imprisonment for one month.

(2.) The case of the prosecution, in brief, is that on 6/2/2017 at about 10 p.m. Subhas Nagar Dhamtari, the appellant herein under the influence of liquor assaulted his own paralyzed father- Nand Kumar Dewangan (now deceased) by hands and fist, by which, in he suffered grievous injury. When the aforesaid incident was informed to the daughter of the deceased, namely, Rekha (not examined), who used to reside at Dallirajhara, came to her father's house along with her husband and took him at Dallirajhara for treatment. Thereafter, during the course of treatment, on 9/2/2017 the deceased succumbed to the injuries and died. The matter was reported to the Police, pursuant to which Merg intimation (Ex. P-07) and FIR (Ex. P-17) were registered. Inquest proceedings were conducted vide Ex. P-02 and the dead body of deceased was subjected to postmortem. As per postmortem report (Ex.P/13), conducted by Dr. U.L. Kaushik (PW-6), cause of death of the deceased is syncope and hemorrhagic shock due to injuries on ribs and lungs.

(3.) After completion of investigation, appellant was charge-sheeted for the aforesaid offence under Sec. 302 of I.P.C. before the jurisdictional criminal court, which was ultimately committed to the Court of Sessions for hearing and disposal in accordance with law, in which, the appellant abjured his guilt and entered into defence stating that he has not committed any offence and he has been falsely implicated.