BAIJNATH BARGAH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 25.11.2011 passed by the learned 1st Additional Sessions Judge, Manendragarh at Baikunthpur, District Koriya in S.T. No.57/11 convicting the accused/appellant under Section 302 of the Indian Penal Code (for short 'the IPC') and sentencing him to undergo RI for life and fine of Rs. 1,000/-, in default to undergo additional RI for 3 months.

(2.) Case of the prosecution, in brief, is that there was dispute for fishing rights between the accused/appellant and the deceased for fishing in the Nagdabra pond situated in village Putta Tumbi Badi. On 20.3.2011 at about 4 in the afternoon, accused/appellant had called the deceased to his house for discussion and in the course of discussion, he picked up the wooden log, which was being used to tie the cattle, lying on the spot and gave a solitary blow on the temporal region of deceased as a result of which he started bleeding. He was immediately taken to the hospital where during the course of treatment he died on 21.3.2011. Initially, FIR (Ex.P-1) was registered on 20.3.2011 for the offence punishable under Sections 294, 506B & 323 of IPC. On receipt of intimation regarding death of deceased, Dehati Merg (Ex.P-15) was recorded on 21.3.2011. Inquest (Ex.P-3) was prepared over the body of deceased on 21.3.2011. Dr. Sushil Ekka (PW-10) conducted post-mortem on the body of deceased vide Ex.P-20 and noticed one depressed fracture on right side of skull of 5x1.5cm in size. He has opined that cause of death was coma due to cardio respiratory arrest on account of head injury, death was homicidal in nature and duration of death was within 12 to 24 hours from the time of post mortem examination. On 23.3.2011 memorandum (Ex.P-9) of the accused/appellant was recorded and based on which one wooden log was seized vide seizure memo Ex.P-10.

(3.) After investigation, charge sheet against the accused/appellant herein was filed under Section 302 of IPC and accordingly the charge under that section was framed against him by the trial Court. The prosecution in order to bring home the charge levelled against the accused/appellant examined 14 witnesses in all. Statement of accused/appellant was recorded under Section 313 of Cr.P.C. in which he abjured his guilt and pleaded innocence & false implication.