ROMANLAL Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal has been preferred under Sec. 374 (2) of CrPC challenging the impugned judgment of conviction and order of sentence dtd. 24/1/2007 passed by learned 7th Additional Sessions Judge (FTC), Durg (C.G.) in Sessions Trial No. 111/2005 whereby the appellants have been convicted for offence under Sec. 306/34 of IPC and sentenced to undergo rigorous imprisonment for 10 years with fine of Rs.2,000.00 each, in default of payment of fine, to undergo additional S.I. for 4 months.

(2.) The case of prosecution, in short, is that, on 27/04/2005, due to quarrel between deceased Naresh and appellant Rikhiram, his son appellant Pramod beat up Naresh, for which deceased Naresh first went to the Police Station to lodge a report but due to wrong information, his report was withdrawn. Thereafter, he called a meeting in village Umarpoti on the night of 28/04/2005, where the appellants did not allow the meeting to proceed and appellant Roman Lal said to Naresh that "there is no justice for a drunkard, he is a burden on the earth, it would have been better if he died". On account of the instigation of the appellants, he went into a state of mental depression and committed suicide by consuming pesticide. The matter was reported at Police Station, Ranchirai, District Durg, based on which FIR was registered against the appellants. Article 'A' was seized as his suicide note. After completion of investigation, appellants were charge-sheeted for the aforesaid offence.

(3.) During the course of trial, in order to bring home the offence, prosecution examined as many as 13 witnesses in support of its case. The statements of the appellants / accused were recorded under Sec. 313 of the CrPC in which they denied the circumstances appearing against them in the evidence brought on record by the prosecution, pleaded innocence and false implication. However, no witness has been examined by the appellants in their defence.