JHULCHAND DUBEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 28.03.2005 passed by 5 th Additional Sessions Judge, Bilaspur, in S.T. No.03/2005 convicting the accused/appellant under Sections 302, 201, 182 and 211 IPC and sentencing him to undergo imprisonment for life with fine of Rs.1000/-, R.I. for two years with fine of Rs.200/-, R.I. for three months and R.I. for two years with fine of Rs.200/- respectively, plus default stipulations.

(2.) In the present case name of the deceased is Lalita Bai, mother of the appellant. At the time of her death she was aged about 87 years. As per the prosecution case, the appellant was a man of notorious mind-set and used to create nuisance and quarrel with people after consuming liquor. He also used to threat the people for implicating them in some false case. Just prior to the incident he was released on bail in a criminal case and it is said that on 28.07.2004 he caused injuries to his old ailing mother and a report was lodged by him before the police implicating number of villagers in the said case. The said report was entered in the rojnamcha sanha (un-exhibited). The deceased was shifted to hospital at Bilaspur on 28.07.2004 where she was medically examined by Dr. A.R. Banjare (PW/5) vide Ex.P/2 and found contusion of 4" x 2" over right mandible region and lacerated wound of 1 cm x 1/2 cm x 1/4 cm over middle of lip. In the meanwhile, an information was sent to brother of the appellant namely Rupchandra Dubey (PW/6) about the physical condition of deceased Lalita Bai who immediately returned to the village and after meeting with the villagers lodged a written report Ex.P/5 on 29.07.2004 informing the police that it is the appellant who had caused injuries to the deceased and had falsely implicated the villagers in case of marpeet to her mother. During treatment, deceased expired in the hospital on 08.08.2004. Thereafter, unnumbered merg Ex.P/12 and numbered merg Ex.P/8 were recorded by the police. After merg inquiry, inquest on the body of deceased was prepared on 09.08.2004 vide Ex.P/9 and dead body was sent for postmortem examination to CIMS, Bilaspur where Dr. G. Prabhakar Naidu (PW/14) conducted postmortem on the body of deceased on 09.08.2004 and gave his report Ex.P/15 opining the cause of death to be shock due to head injury (brain). After filing of the charge sheet, the trial Court framed charges under Sections 302, 201, 182 and 211 of IPC against the appellant.

(3.) So as to hold the accused/appellant guilty, the prosecution examined as many as 14 witnesses. Statement of the accused/appellant 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.