AMITABH @ AARYAN Vs. STATE OF C.G.

JUDGEMENT

(1.) Assail in this Criminal Appeal filed under Sec. 374(2) of the Code of Criminal Procedure, 1973 (CrPC) is to the Judgment dtd. 19/12/2019 passed by learned Second Additional Sessions Judge, Bilaspur, District Bilaspur (Trial Court) in Sessions Case No. 35/2019, by which the sole appellant herein has been convicted for offence under Sec. 302 of the Indian Penal Code, 1860 (IPC) and sentenced thereunder to suffer Life Imprisonment and to pay fine of Rs.500.00 and in default of payment of fine amount, to suffer Rigorous Imprisonment for 06 months additionally. Prosecution case, in brief:-

(2.) On 27/10/2018, at about 2:45 p.m., the appellant confined Ayush Banjare (deceased), son of PW-3 Anil Banjare, in a room of the house of PW-3 Anil Banjare and assaulted him with bamboo-stick by which he suffered grievous injuries and died. Merg (Ex. P-9) was recorded. FIR (Ex. P-5) was registered by PW-3 Anil Banjare in the Police Station, Sakri at 5:35 p.m. on the same day. Crime Details Form (Ex. P-6) was prepared. Seizure of a bamboo-stick was made from the place of incident vide Ex. P-3 and seizure of bloodstained as well as control earth was made vide Ex. P-4. Inquest report (Ex. P-2) was prepared in presence of panch-witnesses, pursuant to which postmortem examination of the deceased was conducted by PW-8 Dr. Dharmendra Kumar who vide postmortem report (Ex. P-12) opined the cause of his death to be cardio-respiratory failure due to shock as a result of injuries inflicted on his body. In FSL report (Ex. 27), blood was found on the bamboo-stick.

(3.) On the date of incident, at 7:35 p.m., the appellant was medically examined by PW-4 Dr. Ajambar Singh, Medical Officer (Emergency) vide Ex. P-7 in which though he found the appellant to be physically fit on the basis of general physical examination, but for the mental check-up of the appellant, he referred the appellant to a Psychiatry OPD. Accordingly, the appellant was referred to the State Mental Health Hospital, Sendri, Bilaspur where he remained under treatment from 27/10/2018 till 28/11/2018 and during that period he was treated by PW-10 Dr. Ashutosh Tiwari for 'cannabis induced mania with psychotic symptom' with olanzapine, lorazepam and other medicines, as per Ex. P-15.