SUDHRAM BARLEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of judgment and order dated 29.08.2012 passed by the Second Additional Sessions Judge, Baloda Bazar, District Raipur in S.T. No. 45/2012 convicting the accused/appellant under Section 302 of IPC and sentencing him to undergo imprisonment for life with fine of Rs. 1,000/- plus default stipulation.

(2.) As per prosecution case, deceased Maniram had applied for grant of Rs. 45,000/- towards Indira Awaas Yojana at Gram Panchayat and on the date of incident i.e. 01.06.11 he demanded for first installment of the said amount from Secretary of Gram Panchayat. Secretary, Gram Panchayat informed the deceased that his application has already been rejected and upon hearing this deceased told him that his application has wrongly been rejected and that he is going to make a complaint to the superior officers. On coming to know that the deceased is going to complain the superior officers against the Secretary, Gram Panchayat, it is alleged that the appellant beat the deceased with club. Injured Maniram was treated in the village itself by one Kalapram (PW-14) however on 3.6.11 i.e. two days after the incident he succumbed to his injuries. Merg intimation Ex.P-17 was recorded on 3.6.11 at the instance of Kripa Ram (PW-22) brother of the deceased. Inquest Ex.P-3 was prepared and body was sent for postmortem examination which was conducted by Dr. C. S. Paikra (PW-17) vide Ex.,P-16 and according to him, cause of death was peritonitis due to internal injuries. On the basis of merg enquiry FIR Ex.P-20 was lodged against the appellant under Section 302 IPC. On 10.06.11 memorandum of accused/appellant Ex.P-12 was recorded and seizure of club was given effect to but there is no FSL report. After filing of charge sheet, the trial judge has framed charge against the appellant under Section 302 IPC.

(3.) In order to establish the guilt of the accused/appellant, prosecution has examined 22 witnesses. Statement of the accused/appellant was recorded under Section 313 of the Cr.P.C. in which he denied the charges levelled against him and pleaded his innocence and false implication in the case.