LAXMINARAYAN, Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Appellant would call in question the legality and validity of the impugned judgment whereby the trial Judge has convicted the appellant for committing offence under Section 302 of the Indian Penal Code (for short 'the IPC') and sentenced him to undergo imprisonment for life and to pay a fine of Rs.100/- in default of payment of fine to further undergo RI for 3 months.

(2.) PW-3 Jagmohan, Moti Ram (since deceased) and Laxminarayan (appellant herein) had gone together on a motorcycle to village Tekapar to the house of one Mohan for searching mobile. On their return journey they consumed liquor at Balod. At this place an altercation took place between the appellant and the deceased after which the appellant became enraged and abused and threatened the deceased. The appellant left alone to Khurshipar whereas the deceased and PW-3 Jagmohan went together. The deceased was later on found dead in front of his house.

(3.) As per the postmortem report (Ex.P/8) the deceased had sustained (1) lacerated wound over left temporal region behind ear with fracture of left temporal bone; (2) contusion over right parietal region; (3) contusion, black eye of left side; and (4) bleeding from nose. PW-4 Dr. S.K. Soni opined that cause of death is shock due to head injury by impact of pointed hard and blunt object. Nature of death was homicidal.