BABULAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this criminal appeal the challenge is levied to the judgment of conviction and order of sentence dated 14-5-2002 passed by Fourth Additional Sessions Judge, FTC Janjgir Sessions Division Bilaspur in ST No. 210/2001 whereby and whereunder he convicted appellant u/s 304 part II of the Indian Penal Code (hereafter called as 'IPC') and sentenced him to undergo RI for 5 years and fine Rs. 1,000/-, in default of payment of fine, to further undergo RI for 3 months.

(2.) In brief the prosecution story is that deceased Bhuri Bai was the resident of village Baksara. On 03-05-2001 at about 10 am a dispute was arisen between appellant, coaccused Dashelal, Gendulal, Jhapelhin Bai and deceased Bhuri Bai regarding cutting of mango bow which fell on the roof of the house of deceased Bhuri Bai. Appellant and said coaccused caused injuries to deceased Bhuri Bai by pelting stones. As a result of injuries deceased Bhuri Bai died. After completion of the investigation, a charge-sheet was filed against the appellant and said co-accused. Trial Court framed charges against the appellant and said coaccused u/s 302 alternatively 302 r/w 34 IPC. After conclusion of the trial, Trial Court convicted and sentenced appellant as aforesaid and acquitted the said coaccused from the offence punishable under Section 302 r/w 34 IPC.

(3.) Being aggrieved, the appellant has preferred this Criminal appeal.