RAMCHARANA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this criminal appeal the challenge levied is to the judgment of conviction and order of sentence dtd. 28/12/2007 passed by 1st Additional Sessions Judge, Baloda Bazar (CG) in ST No. 5/2007 whereby and whereunder he convicted and sentenced the appellant as under:-

(2.) This is admitted that the appellant is the son of deceased Santram.

(3.) In brief, case of the prosecution is that on 4/1/2007 appellant and deceased had gone for digging pits in the field of one Yogesh Verma at village Kosmandi. A dispute arose between them at about 10.00 am. Appellant caused injury on abdomen of the deceased by a pickaxe. On very day deceased lodged the report in PS Palari where dehati nalishi was registered. Thereafter an FIR was registered against the applicant. After completion of the investigation a charge sheet was filed against him under Sec. 302 of IPC. Trial Court framed charge against him under Sec. 302 of IPC. The Trial Court however convicted and sentenced him as aforesaid.