MOHAN SAHU 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. 13/12/2022, passed by the learned Sessions Judge, Bemetara in Sessions Trial No.15/2021, 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.1000.00, in default of payment of fine, to further undergo additional imprisonment for three months.

(2.) Case of the prosecution, in brief, is that complainant Ghanshyam Sahu had lodged report on 26/10/2020 at Police Station Nawagarh, District Bemetara stating that on 25/10/2020 at 11 P.M. he heard the noise of a hustle in Baba Sahu Hotel and then he went there to look into the matter wherein one Nakul Sahu and Bharat Sahu had told him that their brother namely Gajendra Sahu was beaten by the appellant with the help of wooden plank (batta), by which Gajendra has received injuries over right and left side of head and blood was oozing out. With the help of Nakul and Bharat Sahu, Gajendra Sahu was taken to the house and then he was admitted in the Government Hospital, Bemetara. After primary treatment, he was shifted to Shreyansh Hospital, Raipur and then he was further shifted to D.K.S. Hospital, Raipur. On the basis of complaint of Ghanshyam Sahu, FIR (Ex.P-1) for offence under Ss. 294, 506B and 323 of the IPC was registered against the appellant. Spot map was prepared by the investigating officer vide Ex.P-2. Half shirt of the deceased stains with blood was seized from complainant Ghanshyam Sahu vide Ex.P-3. Memorandum statement of the appellant was recorded vide Ex.P-4 and on the basis of his memorandum statement, wooden plank (batta) was been seized on the pointing out of the appellant vide Ex.P-5. Patwari also prepared spot map vide Ex.P-6. During treatment, Gajendra Sahu died on 30/10/2020 at D.K.S. Hospital, Raipur. Inquest of dead body of deceased Gajendra Sahu was prepared vide Ex.P-8. Dead body of the deceased was sent for postmortem to Dr.Bhimrao Ambedkar Hospital, Raipur where Dr.Arun Kumar Jaiswani conducted postmortem over the body of the deceased vide Ex.P-9 and found following injuries:-

(3.) Statements of the witnesses were recorded. After due investigation, the police filed charge-sheet in the Court of Judicial Magistrate First Class, Bemetara, who in turn, committed the case to the Court of Sessions, Bemetara. The appellant/accused abjured his guilt and entered into defence that he has not committed any offence and he has been falsely been implicated in crime in question.