DEEPNARAYANA GOND Vs. STATE OF C.G.

JUDGEMENT

(1.) This criminal appeal filed by the appellant-accused herein under Sec. 374(2) of Cr.P.C., is directed against the impugned judgment of conviction and order of sentence dtd. 23/2/2016, passed in Sessions Case No.106 of 2014 (State of Chhattisgarh v. Deepnarayan Gond) by the 1st Additional Sessions Judge, Manendragarh, District Koriya (CG), whereby he has been convicted for offence under Sec. 304 (Part-I) of IPC and sentenced to undergo imprisonment for life with fine of Rs.1,000.00 and, in default of payment of fine amount, sentenced to undergo additional simple imprisonment for 06 months.

(2.) The case of the prosecution, in short, is that on 26/6/2014, at about 03:30 PM, at Village Tarabahara, which comes within the ambit of Police Station Kelhari, behind the house of Rakesh Cherva, the accused-appellant herein assaulted Ram Kishnu (hereinafter referred to as the "deceased") by means of wooden club, due to which he suffered grievance injury and died later on during the course of his treatment in the hospital on 4/7/2014 and, thereby, said to have committed offence under Sec. 302 of IPC.

(3.) It is further case of the prosecution that after the incident, the deceased was admitted to the Mission Hospital, Ambikapur, wherein he succumbed to the injuries and died on 4/7/2014, upon which, information with regard to sudden and unnatural death was sent by the hospital to the police vide Ex.P/14 and, pursuant to which, marg intimation (Ex.P/15) and FIR (Ex.P/16) were registered and wheels of investigation started running, in which, nazari naksha and panchnama were prepared vide Ex.P/02 & Ex.P/03 respectively. Summons under Sec. 175 of CrPC were issued vide Ex.P/08 and inquest proceedings were conducted vide Ex.P/07. The dead-body of deceased was sent for postmortem examination and in the postmortem report (Ex.P/12), conducted by Dr. Vivek Bhatnagar (PW-12), it was opined that the cause of death of deceased is peritomites and shock due to duodenal ulcer perforation and its complication. Thereafter, the appellant was arrested vide Ex.P/14 and his memorandum statement was recorded vide Ex.P/04. Pursuant to the memorandum statement of the appellant, one wooden club (stick) and one motor-cycle were seized vide Ex.P/05. However, the said seized articles were not sent for chemical examination for the reasons best known to the prosecution. Thereafter, statements of witnesses were recorded and, after due investigation, the police filed charge-sheet against the appellant in the competent criminal court having jurisdiction and, thereafter, the case was committed to the Court of Sessions for hearing and trial in accordance with law, in which the appellant/accused abjured his guilt and entered into defence by stating that he is innocent and has been falsely implicated.