GHASIYA RATHIYA Vs. STATE OF C G

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellants under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C. in short) against the judgment dated 01.01.2014 passed by the Additional Sessions Judge (F.T.C.), Raigarh, in Sessions Trial No. 20/2013 whereby the appellants have been convicted and sentenced as under:-

(2.) Case of the prosecution, in short, is that on 06.10.2012 at about 8.00 PM on account of land dispute between the deceased Injore Singh and the appellants, appellant No.1 Ghasiya Ram armed with a club (wooden stick) had come to the veranda of the house of the deceased along with co-accused Mohit Ram, abused filthy words and when it was forbidden by the deceased Injore Singh, he was assaulted by appellant No.1 Ghasiya Ram with a club (wooden stick), while the other co-accused Mohit Ram, with his hands and fists. As a result of which, the deceased Injore Singh fell down on the ground and became unconscious and has died at about 09.00 PM on the spot.

(3.) Based upon the aforesaid incident, merg intimation (Ex.P.3) was lodged by the deceased's son Sampatlal on 07.10.2012 at 7.30 AM. Thereafter, F.I.R. (Ex.P.16) was registered at his instance on the same day at 8.00 AM by the Station House Officer, Chhal, District Raigarh, against the appellants, namely Ghasiya Ram and Mohit Ram under Sections 302/34 IPC. Inquest was conducted on 07.10.2012 vide Ex.P.1. After inquest, the dead body was sent for autopsy to the Civil Hospital, Dharamjaigarh, where Dr. B.L. Bhagat (P.W.10) conducted the post-mortem examination and submitted its report vide Ex.P. 13 by opining that the cause of death was due to coma as a result of head injury and, was homicidal in nature. Disclosure statement (Ex.P.6) of appellant No.1 Ghasiya Ram led to the recovery of cloths, which were seized by the Investigating Officer.