DHANI RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal filed by the appellant-accused under Sec. 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dtd. 9/8/2023, passed by the learned First Additional Sessions Judge, Ambikapur in Sessions Trial No.02/2021, whereby the appellant-accused has been convicted for offence under Sec. 302 of the IPC and sentenced to undergo imprisonment for life and fine of Rs.500.00, in default of payment of fine, to further undergo additional imprisonment for three months.

(2.) Case of the prosecution, in brief, is that on 24/11/2020 at about 7 P.M. Dhani Ram with regard to his marriage started quarrel with his father and assaulted with hands, fists and stick on the temporal region and face, due to which, his father got injured and thereafter started treatment at home itself using dehati jadi-buti. Thereafter, on 29/11/2020 Sukhlal died during his treatment at home. Thereafter on the basis of report lodged by Horilal (PW-4) at Police Station Udaipur, FIR in Crime No.158/2020 for offence under Sec. 302 of the IPC was registered against the appellant vide Ex.P-20. Inquest was prepared over the body of the deceased vide Ex.P-1. Memorandum statement of the accused-appellant was recorded vide Ex.P-3 and on the basis of his memorandum statement, slippers and stick were seized from the possession of the appellant vide Ex.P-4. The applicant was arrested on 1/12/2020 vide arrest memo Ex.P-5. Dehati nalishi was registered vide Ex.P-8. Spot map was prepared by investigating officer vide Ex.P-9. Patwari also prepared spot map vide Ex.P-10. Dehati merg intimation was registered vide Ex.P-12. Clothes of the deceased were recovered vide Ex.P-15. Dead body of deceased Sukhlal was sent for postmortem to Community Health Center, Udaipur, where Dr.Arpit Sikarwar conducted postmortem over the body of the deceased vide Ex.P-21 and found following injuries:-

(3.) Statements of the witnesses were recorded. Slippers, clothes of the deceased and stick were sent to Forensic Science Laboratory for examination, however, FSL report has not been received till date. After due investigation, the police filed charge-sheet in the Court of Judicial Magistrate First Class, Ambikapur, who in turn, committed the case to the Court of Sessions, Ambikapur, from where the First Additional Sessions Judge, Ambikapur received the case on transfer for trial. The appellant/accused abjured his guilt and entered into defence that he has not committed any offence and he has falsely been implicated in crime in question.