JAGNNATH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal is filed against the judgment of conviction and order of sentence dated 11.8.2010 passed by the learned 1st Additional Sessions Judge, Rajnandgaon in S.T. No.52/2009 whereby the trial Judge has convicted the appellants under Sections 302 & 201 of the Indian Penal Code (for short 'the IPC') and sentenced them to undergo RI for life with fine of Rs.500/- and RI for 1 year with fine of Rs.500/-, plus default stipulations, respectively.

(2.) In the present case name of deceased is Prahlad, who used to work along with appellant Jagannath in Raipur.

(3.) As per prosecution case, there was some dispute between appellant Jagannath & deceased Prahlad and on 17.1.2009 accused/appellant Nos.2 & 3 took the deceased alongwith them from his house, offered him food and thereafter forcibly administered poison in his mouth as a result of which he died. Body of deceased was found lying near the kitchengarden of the accused persons. Merg intimation (Ex.P-1) was lodged by Gendlal (PW-1) on 18.1.2.009. Inquest over the body was conducted on 18.1.2009 vide Ex.P-20. Dead body was sent for post-mortem examination which was conducted by Dr. Nandlal Bhuarya (PW-10) and since the doctor was not of the definite opinion about the cause of death, viscera was preserved and the same was sent for chemical examination and as per report of chemical examiner, carbo-sulphas poison was found in the viscera of the deceased. After merg inquiry, FIR (Ex.P-23) was registered on 21.4.2009 against five accused persons under Sections 302, 201, 120B/34 of the IPC.