NARESH BUDHERAM YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The Appellant stands convicted under Section 302 IPC to life imprisonment with fine of Rs.1,000/-, in the event of failure to pay which he was required to undergo 3 months further rigorous imprisonment. The conviction is also under Section 323 IPC to 1 year rigorous imprisonment with fine of Rs.500/-, in the event of failure to pay which he was required to undergo 1 month further simple imprisonment ordered on 25.11.2000 by the Additional Sessions Judge, Mungeli in Sessions Trial No.152 of 1998.

(2.) Pw-3, Ramtabai, wife of deceased Mishrilal, who was the uncle of the Appellant lodged First Information Report, Exhibit P-22 on 8.12.1997 at 11:00 A.M. regarding an assault upon the deceased the same morning around 8:00 A.M. The deceased died at midnight the same day. The post mortem report, Exhibit P-8, dated 9.12.1997 by PW-15, Dr. S. Mukherjee found the following injuries: multiple injuries were seen over the scalp. One lacerated wound over occipital region (8cms.x7cms.), one lacerated wound over left parietal region (7cms.x1/2cm.), one lacerated wound over crown of head (10cms.x1/2cm.), one lacerated wound over right temporal region (6cms.x1/2cm.) and one incised wound over right parietal region (4cms.x1/2cm.). Linear fracture of occipital bone corresponding with injury and hematoma below scalp. Abrasions were seen over the left shoulder and scapula region. The cause of death was ascribed to shock due to multiple scalp injuries and head injury.

(3.) Pw-5, Dukhitram was also injured in the occurrence and his MLC, Exhibit P-7 was proved by PW-19, Dr. P.K. Singh observing as follows: one lacerated wound 6"x1" over head with inverted margin, one lacerated wound with inverted margin in front of the head 4"x1" and bleeding from the left ear. The witness was rendered unconscious and required hospitalisation for 15 days.