CHHATTOO RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The Appellant stands convicted under Section 302 IPC to undergo life imprisonment with fine of Rs.100/- with default stipulation by judgment dated 10.10.2002 passed by the Second Additional Sessions Judge (FTC), Janjgir in Sessions Trial No. 391 of 1999.

(2.) The prosecution case in brief is that on 06.08.1999 at around 3:45 pm the Appellant along with his wife had gone to his agricultural fields situated at Gersakhar near Barainala Talghat for uprooting the wild grass from his field. While they were busy in the field, Bhajoram is said to have come with a lathi and there was a heated exchange of words between Bhajoram and the Appellant pertaining to dispute over the boundary of their fields adjacent to each other. It is said that Bhajoram initially attacked the Appellant. In turn, the Appellant snatched the lathi from the hands of Bhajoram and gave a couple of blows with the lathi on account of which Bhajoram sustained injuries near his neck, shoulder and because of impact of the assault, Bhajoram sustained subdural hemorrhage resulting in his death.

(3.) Pw-1, Dineshwar Das lodged Merg intimation, Exhibit P-1 at around 18:15 pm on the same day, based upon which, First Information Report (FIR), Exhibit P-2, was lodged on 07.08.1999 at around 12:30 pm. The police station stands located at around 30 km from the place of incident. The Appellant was named as the accused in the Merg intimation as well as in the FIR and on the basis of which charge- sheet was filed and the matter was put to trial in Sessions Trial No. 391 of 1999 before the Court of Second Additional Sessions Judge (FTC), Janjgir.