MANEESH MASHIH S/O SUGANDH MASHIH Vs. STATE OF CHHATTISGARH THROUGH POLICE STATION BALKO NAGAR, DIST KORBA (CG)

JUDGEMENT

(1.) This appeal is preferred against the judgment dated 21-12- 2012 passed by the Additional Sessions Judge, Korba (CG) in Session Trial No. 70 of 2012, wherein the said Court has convicted the appellant for the commission of offence under Sections 304 Part II of IPC and sentenced him to undergo RI for seven years and to pay fine of Rs.5000/- with default stipulations.

(2.) In the present case, name of the deceased is Maheshu Yadav. As per version of the prosecution on the date of incident i.e., 28-4-2012 at about 10.00 pm appellant assaulted the deceased with legs and fists as a result of which the deceased sustained injuries on vital parts of his body. He was taken to District Hospital, Korba and on 30-4-2012 he was declared dead. The matter was reported and investigated and after completion of investigation charge sheet was filed, the appellant did not plead guilty and the trial was conducted. After completion of trial, the trial Court convicted and sentenced the appellant as aforementioned.

(3.) Learned counsel for the appellant would submit as under: