LAXMAN MAHADEO Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this appeal, the appellants have challenged the legality, validity and propriety of the judgment of conviction and order of sentence dated 19th March, 2001 passed by the Special Judge and Additional Sessions Judge, Bastar, place at Jagdalpur in Sessions Trial No.368 of 2000 whereby and whereunder after holding the appellants guilty for commission of offence punishable under Section 324/34 of the I.P.C., the Court below sentenced the appellants to undergo rigorous imprisonment for three years with fine of Rs.1000/ - and in default to further undergo Rl for six months each.

(2.) AS per case of the prosecution, on 15.05.2000 at about 7.30 pm at village Rajur Majharaspara 'Jawara' festival was being celebrated and on occasion of such festival, deceased Samlu @ Dudi consumed liquor and was sleeping in front of the house of Mangluram, where appellants came and tied his right leg's toe with a soaked cloth containing kerosene oil and then set the fire on it, on account of which, right leg and toe damaged and was burst.

(3.) F .I.R. was lodged on 28.05.2000 at Police Station Frezerpur, Dist. Bastar, by the deceased. Thereafter deceased was admitted in Maharani Hospital, Jagdalpur. Police of Frezerpur registered a case bearing Crime No. 134/2000 for an offence punishable under Section 323 read with Section 34 of the I.P.C. against the appellants. During the course of treatment, injured Samlu has died on 30.05.2000 in the Hospital due to Gangrene. Thereafter, an offence punishable under Section 302, 324/34 of the I.P.C. was registered against them and they had been arrested. Finally, charge sheet was filed.