UMESH NAGESIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appeal is posted for hearing on application for suspension of sentence and grant of bail. However, with the consent of learned counsel for the parties, we have heard the appeal finally.

(2.) Appellant has been convicted under Section 302 of IPC for committing murder of the deceased Kendlu at about 4 pm on 24. 10. 2014 and has been sentenced to undergo RI for life with fine of Rs. 500/-, additional RI for one year in default of payment of fine amount.

(3.) The prosecution case, as appearing from the material available on record, is that on the date of incident, the villagers were celebrating Deepawali festival and in course of the said celebration, almost entire household in the village had consumed liquor. The appellant was returning from the house of one of his relative and when he reached near the house of Ramsewak, his sister Nirmala was standing outside the house. Seeing Nirmala, PW-3 Abhimanyu @ Mannu said something to her jokingly, which was not liked by Nirmala and on this, dispute started between the appellant and Abhimanyu @ Mannu. The deceased intervened, on which the appellant assaulted the deceased by means of club causing injuries over his head. The deceased fell unconscious and subsequently succumbed to the injuries.