KABEER RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this criminal appeal the challenge levied is to the judgment of conviction and order of sentence dated 17-7-2001 passed by Third Additional Sessions Judge, Ambikapur, Sarguja (CG) in ST No. 71/2000 whereby and whereunder he convicted the appellant for the offence punishable u/s 304 (part 2) of the Indian Penal Code (in short "the IPC") and sentenced him to undergo RI for 5 years.

(2.) This is admitted by the appellant that he is the father of deceased Dilbandhu.

(3.) In brief, case of the prosecution is that on 10-1-2000 at about 8 9 pm at village Patela, the appellant caused head injury to the deceased on account of land dispute. On 11-1-2000, when he was taken to hospital, Ambikapur, doctor told that he had already died. A merg intimation was lodged in police station Sitapur. After completion of the investigation a charge sheet was filed against the appellant. The Trial Court framed the charge against the appellant u/s 302, IPC. Appellant abjured the charge and faced trial.