DURGESH PRADHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 5-4-2006 passed by the 9th Additional Sessions Judge (F. T. C), bilaspur, in Sessions Trial No. 137/2002 whereby and where under learned 9th Additional Sessions Judge after holding the appellants guilty for the offence punishable under Section 304, Part II of the Indian Penal code each of them sentenced to undergo rigorous imprisonment for 8 years and to pay a fine of Rs. 100/-, in default of payment of fine to further undergo simple imprisonment for one month.

(2.) JUDGMENT of conviction and order of sentence is challenged on the ground that without there being an iota of evidence the court below has convicted and sentenced the appellants as aforementioned and thereby committed an illegality.

(3.) CASE of the prosecution, in brief, is that on 31 -12-2004 at night Fayeem Ahmad (since deceased) was present near Torwa krishi Upaj Mandi Samiti, Bilaspur with other persons who were enjoying the New year. Some dispute arose between the deceased and present appellants. The accused/appellants assaulted the deceased with stick and stump. The deceased fell down. Blood was oozing from his head. Her sister Ku. Rijwana (PW-1), Shamim Ahmad (PW-2) and other persons have seen the incident. Injured also narrated the incident to his sister and father. They took him in the cims Hospital where he died. F. I. R. was lodged vide Ex. P/l on 1-1-2005. Spot map was prepared vide Ex. P/2. Plain and blood stained soil were recovered from the spot vide Ex. P/3. Inquest over the dead body was prepared vide Ex. P/6 after summoning the witnesses. Dead body was sent for autopsy. Autopsy was conducted by Dr. V. K. Manwani (PW-12) vide Ex. P/22 and following injuries were found over the body of the deceased :