SAROJ EKKA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment dtd. 18/7/2014 passed by the Additional Sessions Judge (FTC), Jashpur in Sessions Trial No.60 of 2012, whereby the Appellant has been convicted and sentenced as under:

(2.) Case of the prosecution, in brief, is that deceased Sanjeev Kujur was jija (brother-in-law) of the Appellant. The deceased was running a dhaba (a small restaurant) beside the road. At about 11:00 p.m., the Appellant telephonically informed Uday Kumar Tigga (PW15) that the deceased was sleeping in the dhaba along with a woman. Thereafter, Uday Kumar Tigga (PW15), Pyara Tigga (PW14) and Gourishankar Sai (PW17) reached the spot. There they found the deceased in unconscious condition. At the spot, Sunita (PW8) (wife of the deceased), Amarmani Tirki (PW3) and David (not examined) and an unknown woman were present along with the Appellant. On being asked by Uday Kumar Tigga (PW15), Pyara Tigga (PW14) and Gourishankar Sai (PW17), the Appellant told them that he assaulted the deceased due to his anger because the deceased was sleeping with an unknown woman. Uday Kumar Tigga (PW15) informed the incident to father of the deceased, namely, Paval Kujur (PW11). Paval Kujur (PW11) reached the spot along with his wife. There they found Sanjeev Kujur (the deceased) in unconscious condition. They took him to Holi Cross Hospital, Kunkuri. The hospital sent information regarding admission of injured patient Sanjeev Kujur to Police Station Kunkuri, which was recorded by police in Rojnamcha Sanha (Ex.P9). Injured Sanjeev Kujur was referred to higher medical centre for treatment and, therefore, he was taken to Ranchi Institute of Medical Science (RIMS) where he was admitted. In the meanwhile, police registered offence and after investigation a charge-sheet was filed against the Appellant for offence punishable under Ss. 294, 323 and 307 of the Indian Penal Code. Charges were framed against him under Ss. 294, 323 and 307 of the Indian Penal Code. After filing of the charge-sheet, on 12/5/2012, Sanjeev Kujur was brought back to home because his health could not recover in the hospital. Thereafter, on 2/6/2012, he died at home. A morgue (Ex.P15) was recorded. Inquest (Ex.P17) was done. Post mortem examination over the dead body was conducted by Dr. Ajit Kumar Minj (PW20). He gave his report (Ex.P13) in which he reported that cause of death was septigenic shock which resulted due to injury suffered over the head. Supplementary statements of witnesses were recorded. Thereafter, a supplementary charge-sheet was filed for offence punishable under Sec. 302 of the Indian Penal Code. Accordingly, the Trial Court, in place of charge under Sec. 307 of the Indian Penal Code, framed charge under Sec. 302 of the Indian Penal Code against the Appellant.

(3.) In support of its case, the prosecution examined as many as 24 witnesses. In examination under Sec. 313 of the Code of Criminal Procedure, the Appellant denied the guilt and pleaded innocence. No witness has been examined in his defence.