BHARAT VISHVAS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 27.6.2011 passed by Sessions Judge Kanker, in Sessions Trial No. 98/2010 convicting the accused/appellants under Section 302/34 IPC and sentencing each of them to undergo imprisonment for life with fine of Rs. 500, plus default stipulations.

(2.) Facts of the case leading to disposal of the present appeal, in brief, are that on 16.5.2010 merg intimation Ex. P -1 was lodged by Sapan Vaidya (PW -1) ­ the father of the deceased alleging that on that day while his younger son Sanjit was returning home on his motorcycle, near Anjali Nala he saw his elder son Sanjay (the deceased herein) in injured condition. It is alleged that while offering water, Sanjay informed Sanjit to have been assaulted by accused Bharat. Thereafter, on hearing the cries of Sanjit, he (Sapan Vaidya) along with his wife went to the spot and saw his son Sanjay lying there in injured condition. However, after being taken to hospital, he succumbed to the injuries sustained by him. FIR Ex. P -2 was registered immediately after the merg at the instnace of Sapan Vaidya against accused Bharat and another. After inquest, the body was sent for postmortem examination which was conducted by Dr. N.R. Navratna (PW -6) who gave his report Ex. P - 11. After completion of investigation, charge sheet was filed against the accused/appellants for the offence under Section 302/34 IPC and then the charge was also framed under the same Section.

(3.) In order to prove the complicity of the accused/appellant in the crime in question, the prosecution has examined 09 witnesses. Statements of the accused/appellants under Section 313 Cr.P.C. were also recorded in which they denied their guilt and pleaded innocence and false implication in the case.