ASHOK SAURA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellants have been convicted for committing offence under Sections 302/34 and 323/34 of IPC for committing murder of deceased Ramesh and causing simple hurt to PW-6 Gautarhin. For both the offences, they have been sentenced to undergo life imprisonment with fine of Rs. 1,000/- each and RI for 6 months with fine of Rs. 500/-, respectively. PW-6 Gautarhin lodged FIR at 17:30 hours on 08.01.2012 vide Ex-P-7 stating that at about 15:30 hours, the accused persons reached their house and started assaulting her son, the deceased Ramesh, by hand, fist and club, at the same time uttering obscene language. On an alarm being raised by Ramesh, she intervened but she was assaulted by both the accused. Her son has sustained injuries over his head, occipital region and she too has sustained injuries over head, shoulder and both palms. The incident has been witnessed by her husband Panchram, Sankirtan and other villagers. The deceased was admitted to hospital where MLC of both the injured was conducted by PW-7 Dr. H. S. Kanwar vide Ex-P-8 & P-9. While Gautarhin was found to have sustained simple injuries, Ramesh was found to have suffered grievous injuries dangerous to life. The deceased was later on shifted to Medical College Hospital, Raipur where he succumbed to injuries on 12.01.2012. The autopsy of the dead body was conducted by PW-12 Dr. S. K. Bagh at Medical College Hospital, Raipur, who found the following injuries over the person of the deceased:-

(2.) In his report (Ex-P-23), Dr. Bagh opined that the death was due to cardiac respiratory failure, as a result of head injury and its complication. Although, admission slip or bed head ticket including the history of treatment administered to deceased Ramesh at the Medical College Hospital, Raipur is not forming part of the record, yet from the nature of injuries described by Dr. S. K. Bagh, it appears that the deceased was surgically intervened and the skull bone was stitched with the help of metallic clips. Thus, during treatment from 08.01.2012 to 101.2012, there might have been complication, as has been suggested by Dr. Bagh, that the death has occurred on account of head injuries and its complication.

(3.) After recording the case diary statement of the witnesses and making recovery of the club from the appellant Ashok Saura, charge sheet was filed for the offence under Sections 294, 323 and 302, all read with Section 34 of IPC.