RANSAY PANDO Vs. STATE OF CHHATTISGARH AND ORS

JUDGEMENT

(1.) This appeal arise out of the impugned judgment of conviction and order of sentence dated 30-10-2010 passed by the 1st Additional Sessions Judge, Manendragarh at Baikunthpur, Distt. Koriya in ST No. 13/2010 convicting the accused/appellants under Section 302/34 of the Indian Penal Code and sentencing each of them to undergo imprisonment for life with fine of Rs. 500/- with default stipulation.

(2.) In the present case, name of the deceased is Shivcharan Pando. It is alleged that on 23-10-2009, Chhatthi pooja was performed in the house of P.W. 2 Sukhdev. On the next day i.e. 24-10-2009 when accused Anil, Shriram, deceased Shivcharan and P.W. 6 Anirudh were taking meals in the house of Sukhdev, some dispute cropped up between them and accused/appellants have caused club injuries on the head of Shivcharan who ran from the said spot, dashed himself against a poll and fell on the ground. He was taken to hospital however on 25-10-2009 he succumbed to his injuries.

(3.) Dehati Nalishi Ex. P-13 was recorded on 24-10-2009 at the instance of P.W. 5 Smt. Geeta, wife of the deceased. Based on the Dehati Nalishi, FIR Ex. P- 23 was recorded against the appellants under Sections 294, 506-B, 323/34 of the IPC. After death of the deceased, unnumbered merg Ex. P-14 and thereafter numbered merg was recorded on 25-10-2009. MLC report of Shivcharan is Ex. P-7 conducted by P.W. 3 Dr. A.K. Sharma. Post mortem on the body of the deceased was conducted by P.W. 10 Dr. S.S. Gupta who gave his report Ex. P-14 and opined that the mode of death was coma due to head injury and excessive external hemorrhage from skull wound and death was homicidal in nature. After filing of the charge sheet, charges under Sections 294/34 and 506B/34 and 302/34 were framed against the appellants.