VISHNU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Shri Rajesh Tiwari, Shri Vimlesh Bajpai, Shri Vivek Sharma and Shri Vivek Shrivastava, Advocates have been engaged by the appellant, but despite repeated calls, none appeared on all dates of the week, therefore, Shri Manoj Mishra, Advocate present in the Court is appointed as amicus curiae to argue the matter on behalf of the appellant.

(2.) This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against the judgment dated 20.2.2008, passed in S.T.No.44/2007 by the Sessions Judge, Kabirdham (Kawardha)(CG) for commission of the offence under Sections 304 Part II and 323 of the I.P.C. and sentenced to undergo R.I. for 7 years and R.I. for 3 months.

(3.) In the present case, name of the deceased is Umabai for which the appellant was charge-sheeted under Section 302 IPC. The injured is Prabhabai for which the appellant was chargesheeted under Section 323 IPC. As per version of the prosecution, on 26.4.2007 at about 9.00 am, Umabai was taking bath at Public Hand pump and at that time, the accused/appellant assaulted her with means of club on head. Due to assault, Umabai fell down and succumbed to the injuries on spot. The incident was witnessed by her daughter namely- Prabhabai and when she tried to intervene, the appellant also assaulted her with the club, which struck on her right scapular region and she sustained injury in the form of contusion. The matter was reported and the appellant was charge sheeted. After completion of trial, the trial Court has convicted and sentenced the appellant as aforementioned.