AMARLAL SATNAMI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 11.01.2001 passed by the Additional Sessions Judge, Khairagarh, District Rajnandgaon in S.T. No.118/2000 convicting the accused/appellants under Section 304 Part-II and sentencing them to undergo R.I. for five years and pay fine of Rs.1,000/- each with default stipulations.

(2.) The facts of the case in brief are that on 15.05.2000 deceased Manbodh came to village Gabhara along with Barati for the wedding of son of Bhagwat. All the Baratis (family members of bridegroom) and Gharatis (family members of bride) consumed liquor and it is alleged that while taking food Manbodh got up little early which was objected by family members of bride saying that all of us ought to have got up together. Further case of the prosecution is that some dispute relating to this issue cropped up between two groups wherein Manbodh was beaten by lathi by the appellants as a result of which he died. FIR was lodged on 16.05.2000 by Raruha (PW/1) against the accused/appellants 1 and 2 under Sections 302, 294 and 323 IPC. Inquest over the body of deceased was prepared on 16.05.2000 vide Ex.P/2 and dead body was sent for postmortem to Primary Health Center, Chhuikhadan where Dr. M.G. Tiwari (PW/7) conducted autopsy vide Ex.P/10 and noticed following injuries:-

(3.) So as to hold the accused/appellants guilty, the prosecution examined as many as 09 witnesses. Statements of the accused/appellants 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.