SANTARAM @ SANTO @ SANTRAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 30.8.2011 passed by the Sessions Judge, Bastar at Jagdalpur in ST No.46/2010 convicting the appellant under Section 302 of IPC and sentencing him to undergo imprisonment for life and pay a fine of Rs.500/- with default stipulation.

(2.) As per the prosecution case, on 15.5.2009 at about 8 pm the accused/appellant had gone to the house of deceased Kosa, asked him to accompany him so that they can talk to Mehtar, the son of the deceased, and after taking the deceased towards the road, he told the deceased that his son Mehtar has graped his money and then started beating him by hands and fists. Thereafter, the appellant caused injuries on his face by a stone of about 5 kg. After assaulting the deceased, the appellant also threatened him for life. The fight was intervened by PW-1 Mehatrin, daughter of the deceased and Somaru, nephew of the deceased, and thereafter, Kosa (deceased) was hospitalized, however, during treatment Kosa succumbed to his injuries on 20.5.2009. Merg intimation Ex.P/13 was recorded on 21.5.2009 after receiving information from the hospital. In the meanwhile on 16.5.2009 and 19.5.2009 unnumbered FIR (Ex.P/1) and numbered FIR (Ex.P/12) respectively were registered against the appellant under Sections 294, 323 and 506 of IPC at the instance of Mehatrin Bai. Inquest on the dead body was conducted on 20.5.2009 vide Ex.P/2 and thereafter the body was sent for postmortem which was conducted on the same day by PW-5 Dr. Sandeep Singh vide Ex.P/10 wherein the doctor noticed abrasions over right scapular region, left half of jaw, blood clot on right parietal region and right mandible bone was broken. In his opinion, the cause of death was coma due to head injury. After filing of charge sheet, the trial Court framed charge under Section 302 of IPC against the accused/appellant.

(3.) So as to hold the accused guilty, the prosecution examined 11 witnesses in all. Statement of the accused was also recorded under Section 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication.