MOTILAL, S/O BUNDRAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 4.8.2007 passed by the Additional Sessions Judge, Sakti, District Janjgir Champa (CG) in S.T. No.212/2006 convicting the accused/appellant under Section 302 of the Indian Penal Code (for short 'the IPC') and sentencing him to undergo R.I. for Life and fine of Rs.500/-, in default to undergo additional R.I. for 2 months.

(2.) In the present case name of deceased is Ganesh Ram.

(3.) The prosecution story, in brief, is that on 15.3.2006 Moolchand (PW-2) had gone to co-accused Padum Singh to take his money back and there a hot exchange of words took place between Moolchand and other co- accused persons. When deceased Ganesh tried to intervene in the quarrel between said Moolchand and accused persons, he suffered single club injuries on his head as a result of which he died during the course of treatment. Members of accused party namely Motilal, Ajay and Itwari have also suffered injuries. Based on the complaint of Motilal (appellant herein), FIR under Crime No.69/06 was registered against the complainant party including Moolchand (PW-2) and Tarachand (PW-8) Immediately thereafter FIR was lodged by Sitaram (PW-1) at 10.30 p.m. against six accused persons including the appellant herein under Sections 294, 323, 506 Part II and 147 of IPC. Deceased Ganesh Ram was taken to the hospital where he was medically examined by Dr. S.L. Mirri (PW-5) vide Ex.P-10 and he noticed one lacerated wound of the size of 3 x 0.5cm x bone deep in middle portion of skull just right side, 11 cm above of right ear, horizontal in direction along with swelling around the wound. Red blood clot present. The doctor has referred the deceased to Government District Hospital, Janjgir Champa for x-ray examination and further treatment. Injured Motilal was also medically examined by Dr. (Smt.) Shashikala Mirri (PW-6) vide Ex.P-14 and she did not notice any injury on his body. Ganesh Ram died in the government hospital in the course of his treatment on 17.3.2006. On the basis of information received from the hospital on 17.3.2006 itself at 8.45 a.m., un-numbered merg (Ex.P-24) was recorded. Inquest (Ex.P-3) was conducted over the body of deceased by PW-4. Numbered Merg Intimation (Ex.P-5) was recorded on 19.3.2006. The post mortem examination on the dead body was conducted by Dr. Mahesh Rawat Rai (PW-10) on 17.3.2006 and post-mortem report is Ex.P-19. The autopsy surgeon had noticed following injuries on the body of deceased:-