CHUBUL AND ORS. Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 31.1.2012 passed by Sessions Judge, Surguja (Ambikapur) in S.T.No.120/2010 convicting appellant No.1 under Section 302 of IPC and appellant No.2 under Section 302/34 of IPC and sentencing each of them to undergo life imprisonment, pay a fine of Rs.2000/- and in default to suffer additional R.I. for six months.

(2.) In the present case, name of the deceased is Lalsai. It is alleged that on 1.1.2010 there was some hot talk between the accused/appellants and the deceased leading to scuffle between them and then appellant No.1 picked up a wooden log and gave a solitary blow on the frontal portion of head of the deceased resulting in his death. The incident was witnesses by PW-2 Gudlibai and PW-5 Chengaram. At the instance of PW-2, wife of the deceased, merg intimation Ex.P/4 was recorded on 2.1.2010 at 9.20 am and thereafter, FIR (Ex.P/3) was registered against the accused/appellants under Section 302/34 of IPC. Inquest Ex.P/5 over the body of the deceased was conducted and thereafter, the dead body was sent for postmortem. Dr. B.L. Koushal (PW-1) conducted postmortem on the body of the deceased vide Ex.P/1 and noticed a lacerated wound on the frontal region of the head with fracture of the skull and opined that the cause of death was hemorrhagic shock due to head injury and that the death was homicidal in nature. After completion of investigation, charge sheet was filed against the accused persons under Section 302/34 of IPC and thereafter, the trial Judge framed charge under Section 302 in the alternative 302/34 of IPC against them.

(3.) So as to hold the accused persons guilty, the prosecution examined as many as 6 witnesses. Statements of the accused persons were also recorded under Section 313 of Cr.P.C. in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication.