GOPI YADAV Vs. STATE OF C.G.

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment of conviction and order of sentence dated 14.03.2002 passed by the 41 Additional Sessions Judge, Raipur in Sessions Trial No. 303/2001, whereby and where under after holding the appellant guilty for culpable homicide not amounting to murder, learned trial Court has convicted the appellant under Section 304 Part -II of the IPC and sentenced him to undergo R.I. for seven years and to pay fine of Rs. 500/ -, in default of payment of fine, additional R.I. for two months. Conviction is impugned on the ground that without there being an iota of evidence against the appellant, the trial Court has convicted and sentenced the appellant as aforementioned and thereby committed an illegality.

(2.) AS per case of the prosecution, the appellant and deceased - Tijau Ram were hoteliers and having some business dispute. On 08.03.2001 at about 3.45 p.m., appellant was eating Samosa and came to the hotel of deceased and mixed the used Samosa in the prepared material of the deceased hotel, as a result, here was some altercation took place between them. The appellant gave fist blows and caused multiple injuries over the chest of the deceased. Deceased fell down and succumbed to the injuries. Initially, he was brought to Nayapara for treatment, thereafter he was advised for better treatment and was admitted in Astha Hospital, Raipur till 08.03.2011 to 23.04.2001 where since there was no improvement, therefore, his family members got discharged and brought him at home, where he died on 26.05.2001. The incident was witnessed by Baratu (PW -4), Manglu (PW -6), Mannu and Baidu. Baratu (PW -4) went to police station Gobra Nayapara and lodged Dehati Nalishi vide Ex. P -4. On the basis of which, First Information Report (Ex. P -12) was registered. After death of Tijau Ram, police summoned the witnesses and prepared inquest over the dead body vide Ex. P -2. Spot map was prepared vide Ex. P -14. Dead body was sent for autopsy to Government Medical College, Raipur vide Ex. P -1. Dr. Ulhas Gonnade (PW -1) conducted autopsy vide Ex. P -1 and found following injuries and symptoms: -

(3.) AFTER completion of investigation charge sheet was filed before the Court of Judicial Magistrate First Class, Raipur, who in turn committed the case to the Court of Sessions, Raipur from where learned Additional Sessions Judge, Raipur received the case on transfer for trial.