BAIJNATH ALIAS BANNU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of impugned judgment of conviction & order of sentence dated 15.09.2010 passed by the Sessions Judge, Kanker, District North Bastar Kanker in S.T. No.17/2010 convicting the accused/appellant under Section 302 of the Indian Penal Code (for short 'the IPC') and sentencing him rigorous imprisonment for life and fine of Rs.500/-, in default to undergo additional R.I. for 01 month.

(2.) As per case of the prosecution, deceased Jethuram was habitual drunkard and at times used to sell household articles for arranging his liquor and thereafter used to consume excessive liquor. On the date of incident, accused/appellant, son of the deceased, found his father lying on the road in a drunken state and it is stated that due to anger, he beat him by hands & fists and also threw him on the road as a result of which he received injuries and died. After recording merg intimation (Ex.P-13) & Dehati Nalishi (Ex.P-14), FIR (Ex.P-16) was registered against the accused/appellant. Post-mortem on the body of deceased was conducted by Dr. Vasudev Kumethi (PW-5) who noticed following injuries on the body of deceased:-

(3.) So as to hold the accused/appellant guilty, the prosecution examined as many as 11 witnesses. Statement of the accused/appellant was also recorded under Section 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case and pleaded innocence & false implication.