PUNA RAM SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal filed by the appellant/accused under Sec. 374(2) of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') is directed against the impugned judgment of conviction and order of sentence dtd. 28/6/2023 passed by the court of 7th Additional Session Judge Raipur, District : Raipur (C.G.) in Sessions Case No. 122 of 2021, whereby the appellant/accused has been convicted for the offence punishable under Sec. 302 of the Indian Penal Code (IPC) and sentenced to undergo life imprisonment and fine of Rs.1,000.00, in default of payment of fine additional simple imprisonment for 01 month.

(2.) Case of the prosecution, in brief, is that on 14/11/2020, the complainant Narad Prasad Lodhi (PW-2) appeared in the Police Station, Arang and filed a report that on 10/11/2020, some people of village were gambling in Mahamaya Chowk of the village, where the complainant's son Chhabiram Lodhi had also gone, at around 10.00 p.m., an argument took place between Chhabiram Lodhi and the appellant Puna Ram Sahu and two other co-accused, who were juvenile, regarding transaction of money. In the meanwhile, the three accused persons threatened to kill Chhabiram Lodhi by abusing his mother and sister and beaten him with fists, kicks and punches, due to which the stomach of Chhabiram Lodhi got injured and swollen, who was admitted at Shreyansh Hospital, Arang on 13/11/2020. On 14/11/2020, an application was sent through a constable to Shreyansh Hospital, Arang for conducting MLC of injured Chhabiram Lodhi.

(3.) On the report of the complainant, First Information Report was registered vide Ex.P-1 and the case was taken up for investigation. During the investigation, after reaching the incident site, a perspective map of the incident site was prepared in the presence of witnesses vide Ex.P-2. Statement of the complainant Narad Prasad Lodhi (PW-2), witnesses Premlal Sahu (PW-5) and Siyaram Sahu (PW-1) were recorded. A complaint (Ex.P-18) was given to Shreyans Hospital, Arang to obtain medical opinion regarding the treatment of injured Chhabiram Lodhi. The doctors said that the injuries sustained by the victim were life-threatening and the present condition of the victim was said to be serious and there was a possibility of death. A memo (Ex.P-19) was sent to the Executive Magistrate, Arang for taking the statement of the injured Chhabiram Lodhi as he was in critical condition and a memo (Ex. P-10) was given to Shreyansh Hospital, Arang to take the statement of injured Chhabiram, but statement could not be recorded as the injured was in serious condition and not in a position to give statement. MLC report is Ex. P-9.