DIGAMBER GOND Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 29.11.2013 passed by the Sessions Judge, Surguja (Ambikapur) in ST No.43/2012 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, the accused/appellant was uncle of the deceased Munnaram and there was an old land dispute between them. On 110.2011 at about 4.30 pm the appellant and the deceased had a quarrel, at the relevant time the deceased was carrying a club in his hand and during quarrel, the said club was snatched by the appellant and he assaulted on the head and back of Munnaram with the same as a result of which unfortunately Munnara died. At the instance of PW-7 Indrajeet, brother of the deceased, FIR (Ex.P/10) was registered on 13.10.2011 at 9 am against the appellant u/s 302 of IPC. Soon thereafter at 9.10 am merg intimation Ex.P/11 was registered at the instance of PW-7. Inquest over the dead body was conducted vide Ex.P/3 on 13.10.2011 and thereafter the dead body was sent for postmortem which was conducted on the same day by PW-1 Dr. Janeshwar Singh vide Ex.P/1. The autopsy surgeon noticed multiple abrasions over chin, lower lips, forehead, knee, penis, chest, right upper arm; lacerated wound over head at left occipital region with swelling; fracture of 7th rib of left side of chest; rupture of left lung; and haematoma between skull and skin. In his opinion, the cause of death was coma due to head injury and rupture of left lung leading to cardio-respiratory arrest. On the memorandum of the appellant (Ex.P/5) recorded on 13.10.2011, one club was seized vide Ex.P/6. However, there is no FSL report in respect of the seized club. While framing charge, the trial Judge charged the appellant u/s 302 of IPC.

(3.) So as to hold the accused/appellant guilty, the prosecution examined 8 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.