KARTIK 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 23-7-2008 passed by Additional Sessions Judge, Janjgir, Distt. Janjgir Champa (CG) in ST No. 70/2008 whereby and whereunder he convicted both the appellants for the offence punishable u/s 304 (part 2) of the Indian Penal Code (in short "the IPC") and sentenced them to undergo RI for 10 years and to pay fine of Rs. 1,000/- each, in default of payment of fine, to further undergo additional RI for 3 months.

(2.) In brief, case of the prosecution is that on 28-2-2008 at about 2 pm near Irrigation Colony, Pamgarh, the appellants had beaten deceased Rohit Kumar by hands and fists and pushed him from stairs. When he was being taken for treatment to Gidhoury, he died on the way. A merg intimation was lodged in Akaltara police station. After completion of the investigation a charge sheet was filed against the appellants. The Trial Court framed charge against the appellants under Section 302/34, IPC. Appellants abjured the charge and faced trial.

(3.) After conclusion of the trial, Trial Court acquitted the appellants of the charge punishable under Section 302/34, IPC, but convicted and sentenced appellants as aforesaid.