LATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against judgment dated 31.10.2003 passed by Fourth Additional Sessions Judge (FTC), Janjgir (CG) in Session Trial No.531/2001 wherein the said Court convicted the appellants for commission of offence under Section 304 Part-I, 323 and 147 of the Indian Penal Code, 1860 and sentenced to undergo rigorous imprisonment for 07 years and to pay fine of Rs.500/-; RI for 03 months and RI for 01 year with default stipulation.

(2.) During the pendency of the appeal, appellant No.2 Shyamlal and appellant No.3 Bedram died and their appeal is finally abated. Now the appeal is being heard and decided for remaining appellants namely Latel, Bihari, Girdhari and Kashiram.

(3.) As per the version of the prosecution, complainant Sanjay Kumar was a student of class-X. On the date of incident, i.e. 02.9.2001, he was returning on bicycle after taking bath in a pond and when he reached near the house of appellant Latel Ram, son of the said appellant came running towards the bicycle and dashed against the cycle. Thereafter appellants Bihari and Girdhari assaulted complainant Sanjay Kumar. The matter was narrated by Sanjay Kumar to his mother Dashmat and after some time, all the appellants came and assaulted Ramnath, Dashmat Bai and Narmada Prasad. Injured Ramnath was admitted in Govt. hospital, Janjgir where he succumbed to the injuries. The matter was reported, investigated and the appellants were charge sheeted and convicted as mentioned above.