NANDU @ DEV KUMAR SATNAMI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 29.8.2011 passed by the Sessions Judge, Raipur in ST No.236/2010, convicting the appellant under Section 302 of IPC and sentencing him to undergo imprisonment for life and to pay a fine of Rs.1000/- with default stipulation.

(2.) As per prosecution case, on 23.8.2010 in the afternoon when the deceased Kumar Yadav was carrying gas cylinder in his rickshaw, on the way he was stopped by the accused appellant and without any rhyme or reason assaulted by him with hands and fists and then the appellant lifted a gas cylinder from his rickshaw and threw it on his face resulting in his instantaneous death. The said incident was witnessed by PW-2 Puneet Banjare, PW-3 Karan Janghel, PW-4 Smt. Meena Patel and PW-5 Santosh Jangade. At the instance of PW-4 Meena Patel, FIR (Ex.P/4) was registered against the appellant on 23.8.2010 at 4 pm under Section 302 of IPC. Soon thereafter merg intimation Ex.P/7 was recorded. Inquest over the dead body was conduced vide Ex.P/8 on 24.8.2010. Postmortem on the dead body was performed on the same day vide Ex.P/6 by PW-7 Dr. SK Bagh. According to the autopsy surgeon, there were contused lacerated wound over right eyebrow region, on right cheek, right ear, right shoulder; fracture of mandible into two parts at mental region, dislocation of right temporomandibular joint; fracture of nasal bone and right orbital bone; fracture of upper jaw (maxilla bone) into three pieces and upper incisor teeth missing and contusion on both lips; fracture of anterior cranial fossa extending from left orbital bone to right orbital bone; fracture of frontal bone; depressed fracture on right maxillary and right orbital bone; right eye ball shifted backward into anterior cranial fossa; echyomosis present on frontal region and also in occipital region. All the injuries were fresh, caused by hard and blunt object, and were sufficient in the ordinary course of nature to cause death. Viscera was also preserved for chemical analysis. In his opinion, the cause of death was hemorrhage and shock as a result of head injuries and their complications. After filing of charge sheet, the trial Court framed charge under Section 302 of IPC against the appellant.

(3.) So as to hold the accused/appellant guilty, the prosecution examined 10 witnesses in all. Statement of the accused was also recorded under Section 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication.