LEKHRAJ @ PINTU SAHU Vs. STATE OF CHHATTISGARH S/O THROUGH THE DISTRICT MAGISTRATE, DHAMTARI, DISTRICT DHAMTARI CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 15.5.2015 passed by Learned Additional/ Upper Sessions Judge, Dhamtari, District Dhamtari, Chhattisgarh in Sessions Trial No. 43 of 2014 whereby and whereunder the learned Additional Sessions Judge after holding the appellant guilty for the offences under Sections 304 part-II and 323 of the IPC, sentenced him to undergo rigorous imprisonment for 10 years and to pay fine of Rs.100.00 on each count, in default of payment of fine, to further undergo additional rigorous imprisonment for one month.

(2.) Conviction is impugned on the ground that without there being any iota of evidence, the trial Court has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

(3.) As per case of the prosecution, in brief, on the date of incident i.e. 18.10.2014 at about 7:40 pm, the appellant came in front of the house of deceased - Dhananjai Sahu and after using abusive words, he assaulted and thrashed him with a wooden club (a part of bullock-cart), uttering that he will kill him. When Shankar Lal (PW-8) came to intervene, he was also assaulted by the applicant. The deceased was admitted in the hospital. He died during the course of treatment on 19.10.2014 at 5:30 pm. Merg intimation Ex.P/32 was recorded in Police Station Bhakhara and FIR Ex.P/6 was lodged on 20.10.2014 on the basis of the findings in the merg inquiry.