DHARAM SINGH GOND Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 3.2.2010 passed by the Additional Sessions Judge (FTC), Distt. Dhamtari in S.T.No.51/09 convicting the accused/appellant under Sections 302 of IPC and sentencing him to undergo imprisonment for life, to pay a fine of Rs.500/-, in default thereof to undergo additional RI for one month.

(2.) As per the prosecution case, on 1.11.2009 the accused/appellant beat deceased Ramlal by hand and fist on account of some old dispute between them as a result of which Ramlal died. FIR (Ex.P/1) was lodged on 1.11.2009 by PW-1 Siyaram, son of the deceased, based on which offence under Section 302 of IPC was registered against the accused/appellant. Inquest over the body of the deceased was prepared vide Ex.P/3 and thereafter the body was sent for postmortem. PW-10 Dr. Vinod Kumar Pandey conducted postmortem on the body of the deceased vide Ex.P/14, noticed lacerated wound over occipital region of scalp, contusions as well as fracture of ribs and opined that the cause of death was asphyxia due to compression and chest injury (traumatic) and it was homicidal in nature. After investigation charge sheet was filed against the accused/appellant and accordingly charge under Section 302 of IPC was framed.

(3.) So as to hold the accused/appellant guilty, the prosecution examined as many as 10 witnesses. Statement of the accused/appellant was also recorded under Section 313 of Cr.P.C. in which though he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication.