PRAMOD NAYAK Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant has preferred this appeal under Sec. 374 of the Code of Criminal Procedure, 1973 (for short, the Cr.P.C.) questioning the impugned judgment dtd. 21/12/2021 passed by the learned First Additional Sessions Judge, Sakti, District Janjgir Champa, in Sessions Trial No. 01/2018, whereby the appellant has been convicted and sentenced as under: <FRM>JUDGEMENT_5_LAWS(CHH)1_2024_1.html</FRM>

(2.) Case of the prosecution, in short, is that on 25/9/2017, at 1:30 p.m. Tihari Bai (hereinafter referred to as 'the deceased'), Rambai (PW-4) (hereinafter referred to as 'the complainant'), Lokabai (PW-1) and Sonibai (PW-7) were having their lunch at their home. At that time, the accused/appellant entered their house, bolted the door from inside and when the deceased stopped him and tried to open the door, appellant brutally assaulted on the head and other parts of her body by iron pipe. On intervention by the complainant, Lokabai and Sonibai, appellant assaulted them also with the iron pipe. All the injured were taken to the Community Health Centre, Malkharoda. The deceased was referred to Jindal Hospital, Raigarh and from there, she was taken some other hospital for better treatment, however, on 30/9/2017, at about 11:45 a.m., the deceased succumbed to the injuries.

(3.) The first information report (Exhibit P/8) bearing Crime No. 156/2017 was registered on 25/9/2017 at about 14:45 p.m. at the instance of the complainant-Ram Bai Sahu (PW-4) wherein it was alleged that the as the appellant was having one-sided love affair with the complainant, he asked the complainant to elope with him but when the said incident came to the knowledge of the parents of the complainant, they abused him upon which the appellant, on the date of incident entered their house and assaulted the deceased and her daughters. The FIR was registered against the appellant for the offences punishable under Ss. 452, 294, 506, 323 of the IPC.