DASHRATH SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 22-11-2011 passed by the Additional Sessions Judge, Bemetaqra, District Durg (CG) in Sessions Trial No. 28 of 2011 wherein the said Court has convicted the appellant for commission of offence under Sections 304 Par 1 of IPC (culpable homicide, not amounting to murder) and sentenced him to undergo rigorous imprisonment for ten years and to pay fine of Rs.500/- with default stipulations.

(2.) In the resent case name of the deceased is Gomati Bai who was step-mother of the appellant. As per version of the prosecution on 2-3-2011 at about 5.00 pm deceased Smt. Gomati Bai and her step-son (appellant) were present in the barn of one Punaram Sahu situated at village Parpodi. It is alleged that wife of the appellant did not provide him food in time that is why there was quarrel between the appellant and his wife in which deceased Gomati Bai intervened and in that process appellant assaulted the deceased on head by Kutela (thick club) which resulted into her death. The matter was reported and investigated. After completion of trial, the trial Court convicted and sentenced him as aforementioned.

(3.) Learned counsel for the appellant would submit as under: