MAINU RAM Vs. THE STATE OF CHHATTISGARH

JUDGEMENT

(1.) The Appellants stand convicted to life imprisonment under Section 302 IPC with fine of Rs.500/-, in the event of failure to pay which they were required to undergo further rigorous imprisonment for 3 months ordered on 20.8.2002 by the Third Additional Sessions Judge (F.T.C.), Kanker in Sessions Trial No.25 of 2000.

(2.) According to the prosecution case, the bicycle of the deceased and Appellant No.1 met with an accident on 12.8.1999. The two Appellants are then stated to have assaulted the deceased with hands and fists. The next day, Rojnamcha Sanha 443 was lodged with the police station. The MLC of the deceased, Exhibit P-12 found swelling on the left eye, subconjunctival hemorrhage, hematoma below left lower eyelid, swelling on the 9th, 10th and 11th ribs on both sides, coupled with bleeding through rectum suspecting grievous internal injuries. The deceased was under treatment from the day of occurrence and finally died on 30.8.1999.

(3.) Learned Counsel for the Appellants submits that the cause of occurrence was trivial in nature. There is no allegation of any previous enmity which may have been evidence of motive. The Appellants never intended to cause death nor can they be attributed knowledge that death was likely to ensue because of the assault by hands and fists. No weapons had been used to assault the deceased. The offence at best would come under Section 323 IPC. The Appellants have already undergone approximately 1 year and 3 months of custody which is more than the maximum that could have been imposed under Section 323 IPC.