AMRITRAM, S/O MAHANGRAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 20.8.2001 passed by the 6th Additional Sessions Judge (F.T.C.), Surajpur in Sessions Trial No.326 of 1998 convicting and sentencing the Appellant as under:

(2.) The prosecution case, in brief, is that on 26.6.1998 at about 4:30 p.m., deceased Jaglal was present at the house of Jaturam (PW5). Wife of Jaturam and Shriram (PW10), brother-in-law (Sadhu) of deceased Jaglal were also present there. On arrival of the Appellant thereto, Jaturam (PW5) offered him to have drink to which he denied. On this, deceased Jaglal asked the Appellant about the place to which he belongs. This question of the deceased infuriated the Appellant and he began to beat the deceased with fists and kicks. Thereafter, they separated and the deceased returned his house. On the next day, condition of the deceased deteriorated and hence a doctor was called. However, when the doctor reached, it was found by him that the deceased had already succumbed to the injuries. The matter was reported to the police. Morgue Intimation (Ex.P1) was registered. First Information Report (Ex.P9) was registered against the Appellant for an offence punishable under Section 302 of the Indian Penal Code.

(3.) To rope in the Appellant, the prosecution examined as many as 12 witnesses. Statement of the Appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the guilt and pleaded innocence. No witness has been examined in his defence.