GOPAL KUMAR KUNJAM S/O KRISHNA RAM KUNJAM Vs. STATE OF CHHATTISGARH THROUGH STATION HOUSE OFFICER, CHARAMA, DISTRICT NORTH BASTAR, KANKER (CG)

JUDGEMENT

(1.) This appeal is preferred against the judgment dated 15-3- 2012 passed by the Additional Sessions Judge, North Bastar Kanker, (CG) in Session Trial No. 23 of 2011 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.1000/- with default stipulations.

(2.) In the present case, name of the deceased is Santram. Deceased came to his relative namely Hemraj at village Bheja and from there he along with Hemraj after having visited Charama were coming in the motorcycle in night and when they reached near Negi Baga temple at village Damkasa, one person was standing in the middle of the road and was using mobile and also using the torch of mobile and he as alleged detained them and assaulted Hemraj by fist and at the same time deceased Santram intervened in the matter and he has also been assaulted. They informed the incident to persons namely Devendra, Meghanath and Mukund and that man identified Santram and after some time appellant assaulted the deceased Santram by fist over chest and consequent to which he became unconscious and died on the spot. 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: