- (1.)THIS appeal is directed against the judgment of conviction and order of sentence dated 09. 01. 2002 passed by the II Addl. Sessions judge, Baloda Bazar, Distt. Raipur (C. G.) in sessions Trial No. 64/2001, whereby, the appellant has been convicted u/s. 302 I. P. C. and sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/-, in default of payment of fine, to further undergo R. I. for six months.
(2.)THE case of the prosecution is that on 10-12-2000 at about 7. 30 p. m. , deceased banti alias Lokesh and his friend Shankar bhaat (P. W. 1) were sitting near Fowara chowk. At that time, 3 accused persons namely Gabbar alias Dinesh (appellant herein), Jaiki alias Lokesh and Santosh came there and on account of some previous dispute, they started quarrelling and thereafter they assaulted the deceased with hands and fists. A report of the incident was lodged in Bhatapara Town Police station vide ex. P. 9. Banti alias Lokesh was taken to jeevanmal Hospital, from where, he was taken to Sector-9 Hospital of Bhilai Steel plant where he died on 13. 12. 2000 during the course of treatment. After his death, merg intimation, Ex. P. 6, was lodged in bhatapara Police Station. During the course of investigation, the dead body was sent for its postmortem and the postmortem examination was conducted by Dr. S. R. Churendra (P. W. 11 ). The Autopsy Surgeon found that there was a big Hematoma, about 8 cm round, on the occipital region of his skull and there was a fracture of occipital bone. He prepared his report Ex. P. 10 and opined that the cause of death was Coma due to head injury.
(3.)AFTER completion of usual investigation, the charge-sheet was filed in the concerned court and the matter was committed and transferred to the Court of Second Additional sessions Judge, Baloda Bazar, who after conducting the trial, convicted and sentenced the appellant as aforementioned. However, the other two co-accused persons were acquitted.
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