UJERAM KHULURAM RATHIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence, dated 25.09.2008 passed by the Sessions Judge, Raigarh District Raigarh (C.G.) in Sessions Trial No. 137 of 2007, convicting the accused/appellant under Section 302 of the IPC and sentencing him to undergo imprisonment for life and to pay fine of Rs.1,000/-, in default of payment of fine amount to further undergo R.I. for six months.

(2.) As per prosecution case, on 28.08.2007 deceased Sakharam came to the house of appellant along with two other persons namely Raghu Rathiya (PW-2) and Lohari Ram (PW-12), a deaf & dumb, and all of them had consumed liquor in the house of the appellant. It is said that on account of damage caused to the crop of accused/appellant by the cattle of deceased, some dispute cropped up between deceased and accused and they started quarreling with each other. Raghu Rathiya (PW-2) intervened and sent the deceased back to his house. After some time the deceased again started hurling abuses at the accused from his house which annoyed the accused and he assaulted on the neck of the deceased by a crowbar as a result of which the deceased died on the spot itself. Unnumbered merg intimation was recorded on 29.08.2007. Unnumbered FIR (Ex.P-9) was also recorded on the same day. Numbered FIR (Ex.P 9A) was registered against the appellant under Section 302 of the IPC. Inquest on the body of the deceased was conducted on 29.08.2007 vide Ex.P-5. Dead body was sent for post-mortem examination which was conducted by Dr. B.L. Bhagat (PW- 8) on 30.08.2007 vide Ex.P-8 and he noticed the following injuries:-

(3.) After completion of investigation charge sheet was filed under Section 302 of the IPC against the appellant and accordingly the charge was framed by the trial Court against him.