RAMESH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dtd. 8/8/2002 passed by the First Additional Sessions Judge, Balodabazar, District Raipur in Sessions Trial No. 98 of 2002, whereby the Appellant stands convicted and sentence as under:-

(2.) As per prosecution case, prior to the incident, victim Tejram, aged about 14 years, was running a betel shop and the accused/appellant Ramesh @ Pagal, who had Saloon-shop, borrowed some articles amounting to Rs.20.00 from Tejram and did not return the same to Tejram. On 3/2/2002, victim Tejram went to shop of appellant and demanded money which was borrowed by appellant, on this, appellant said the victim that he (appellant) has no money and it will be returned after sometime. Thereafter, appellant offered tea to victim and brought tea from hotel. The appellant mixed the pesticide in the tea of the victim. The victim took the tea and went to his home. When victim reached his home, he was feeling unwell and giddiness. The victim told her sister Anusuiya to call father Kamal (PW-2) and he (victim) became unconscious. Thereafter, Kamal (PW-2) came there and took the victim to the hospital where Dr. Vasudeo Thakur treated the victim and prepared MLC (Ex.-P/6). On 4/2/2002, Dr. Vasudeo informed the police regarding some poison being taken by the victim and Dehatinalishi (Ex.-P/1) was registered against the appellant at about 11.45 AM in the hospital, based on which, FIR (Ex-P/9) was recorded by Ramsharan Singh (PW-8), Head Constable under Sec. 328 of IPC against the appellant.

(3.) After completion of usual investigation, the charge-sheet was filed against the accused/Appellant under Sec. 328 of IPC and while framing the charge, the First Additional Sessions Judge, Balodabazar, District Raipur framed the charge under Sec. 328 of IPC.