SET KUMAR SIDAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the impugned judgment of conviction and order of sentence dtd. 10/3/2014 passed by 1st Additional Sessions Judge, Raigarh (C.G.), in S.T. No.22/2011 whereby and whereunder, the appellant has been held guilty of commission of offence under Ss. 302 and 323 IPC and sentenced him as described below:- <FRM>JUDGEMENT_159_LAWS(CHH)5_2019_1.html</FRM>

(2.) According to the prosecution, on 7/11/2010, at about 5.00 in the evening, it is alleged that at the spot, abuses were hurled and the appellant entered into quarrel with Reet Rai Sidar, the father of the deceased. It is said that during this quarrel when the deceased intervened, the appellant picked up a club and gave a lathi blow due to which deceased sustained injuries, he was admitted in the hospital where he remained admitted for about one week until he succumbed to death on 14/11/2010. Initially, when FIR was lodged by the deceased himself on 7/11/2011, on which, police registered case under Ss. 323, 294 and 506 IPC. Later on, after death, charge sheet was filed alleging commission of murder.

(3.) Learned trial Court, relying upon the eye-witnesses and the nature and extent of injuries and homicidal death, held the appellant guilty of commission of offence.