UTTAM TANDON Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 27.8.2010 passed by the 3rd Additional Sessions Judge, Fast Track Court, Raigarh in S.T. No.12/2010 convicting the accused/appellant under Sections 120B/34 and 302/34 of the Indian Penal Code (for short 'the IPC') and sentencing him to undergo R.I. for 7 years and fine of Rs.500/- and RI for Life and fine of Rs.1,000/- with usual default clauses, respectively.

(2.) As per case of the prosecution, accused/appellant herein used to have doubt on the fidelity of his wife namely Tarabai and had suspicion regarding illicit relationship of his wife with deceased Babulal, a village doctor. It is further alleged that on 9.9.2009 deceased accused Lalaram and one another person came to the house of deceased and took the deceased with him for providing treatment to one of his family members. On the same night at about 12, Yogesh Kumar, son of deceased, having come to know that his father (deceased) is lying in injured condition in the verandah of accused/appellant herein, he rushed to the house of accused/appellant and on reaching there, he found his father lying there in injured condition. He immediately took his father to the police station on the motorcycle from where the police had was sent his father to the Civil Hospital, Kharsiya for treatment. Un-numbered FIR under Section 307/34 of IPC was registered vide Ex.P-29 at the instance of said Yogesh Kumar (PW-16). Numbered FIR was registered vide Ex.P-28. Looking to the critical condition of the deceased, he was referred to K.G. Hospital, Raigarh for better treatment where he succumbed to the injuries while undergoing treatment. On receipt of information regarding death of deceased, un-numbered Merg (Ex.P-27) was recorded on 10.9.2009 and thereafter numbered merg was also registered. Inquest (Ex.P-16) was prepared on 10.9.2009. Post-mortem examination was conducted over the body of deceased by Dr. R.K. Agrawal (PW-6) who noticed following ante mortem injuries on the body of deceased;-

(3.) On completion of investigation, charge sheet for the offence punishable under Sections 302, 342, 120B, 34 of the IPC was filed against five accused persons including present appellant, however, the trial Court has framed the charges under Sections 120B/34 and 302 of IPC against them. The prosecution in order to bring home the charges levelled against the accused persons had examined 22 witnesses in all. Statements of the accused persons were also recorded under Section 313 of Cr.P.C. in which they abjured their guilt and pleaded innocence and false implication.