DHARAMJEET S/O BHAJJU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 21.12.2010 passed by the Additional Sessions Judge, FTC, Pratappur, District Sarguja (CG) in S.T. No.442/09 convicting the accused/appellant under Section 302/34 of the Indian Penal Code (for short 'the IPC') and sentencing him to undergo imprisonment for life and fine of Rs.1000/-, in default to undergo additional RI for 02 months.

(2.) The prosecution story, in short, is that on 3.7.2009 at about 7.30 p.m. FIR (Ex.P-6) was lodged by Ramsurat (PW-7) alleging in it that on the same day when he was resting in his house, Bagarsai (PW-11) came and informed that Somariya Bai is beating his brother Aklu Gond (since deceased) near the river. On this, he reached the spot along with Bagarsai and saw that his sister-in-law Somariya Bai is beating the deceased by a wooden log. He has further stated that he intervened and separated his sister-in-law and the deceased. He noticed injuries on the back side of head of the deceased from which blood was coming out and that he has expired. Based on this report, the offence under Section 302 of the IPC was registered against accused Somariya Bai. Immediately thereafter at 7.45 p.m. merg intimation (Ex.P-7) was registered at the instance of Ramsurat (PW-7). Inquest was conducted on 4.7.2009 vide Ex.P-5 and thereafter dead body was sent for post-mortem examination which was conducted by Dr. Govind Singh (PW-5) on 4.7.2009 vide report Ex.P-10. The doctor conducting post-mortem examination noticed following injuries;

(3.) In order to prove the complicity of accused persons in the crime in question, the prosecution has examined 15 witnesses. Statements of the accused persons were recorded under Section 313 Cr.P.C. in which they denied their guilt and pleaded innocence and false implication in the case.