RAM PRASAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 28.4.2011 passed by the 1st Additional Sessions Judge, Raigarh in S.T. No.53/2010 convicting the accused/appellant under Section 302 of the Indian Penal Code (for short 'the IPC') and sentencing him to undergo R.I. for Life.

(2.) The prosecution story, in brief, is that on 27.2.2010 a report was lodged by Abhiram (PW-7) alleging in it that on the fateful date he along with his younger brother Bharatram (since deceased), Balakram (PW-2) and other villagers had gone to the house of one Panchram Rathiya to attend the tenth day ritual. It is further alleged that at about 4.00 p.m. on account of old enmity the accused/appellant had caused knife injuries to Bharat Ram Rathiya on various parts of his body. Balakram (PW-2) had intervened in the matter. Incident was witnessed by him, Ghasiya Rathi (PW-3), Belmati Bai (PW-6) and others. It is further mentioned in the report that after the incident, injured Bharat Ram Rathiya was taken to the hospital. This report was entered in the roznamcha sanha vide Ex.P- 17C. MLC of said Bharat Ram Rathiya was conducted by Dr. Yogeshwar Singh (PW-11) on 27.2.2010 vide Ex.P-13 & Ex.P-14 and he noticed following injuries;-

(3.) After completion of investigation, charge sheet was filed against the accused/appellant under Sections 324 & 302 of the IPC, however, the trial Court has framed the charge under Section 302 of IPC against the accused/appellant.