SHEEL NAGU, J. - (1.)The present appeal preferred u/S. 374(2) Cr.P.C . assails the judgment dated 29.06.1999 passed in S.T. No. 281/97 whereby the trial Court has convicted the appellant for the charge u/S. 302 of IPC and sentenced to suffer life imprisonment with fine of Rs. 500/- with default stipulation.
(2.)Learned counsel for the rival parties are heard. The record of the trial court is perused.
(3.)Brief facts giving rise to present case are that on 13.08.1997, the appellant Ramnivas at about 11:00 A.M. was creating ruckus in state of intoxication. The deceased Chetu objected to the same and asked the appellant to return home. The deceased then accompanied the appellant and proceeded towards the river to reach the appellant to his village. When both were on the way and came close to the river, the appellant assaulted the deceased, pushed him on the ground and started hitting the deceased with stones. When the deceased raised hue and cry, the sole eye- witness PW-3 Sitaram who was working in his nearby agricultural field saw the incident. PW-3 Sitaram could not save the deceased as he had suffered a fracture and had not recovered from the same fully. The deceased died due to pelting of stones by the appellant which caused grievous injury on the head of the deceased. The appellant ran away from the spot whereafter PW-3 Sitaram on reaching the spot saw the deceased lying dead. He went to the village to inform others including Ramesh PW-4 who asked everybody to search and catch hold of the appellant. The appellant was found hiding in the maze field. The appellant was arrested by the said villagers and police was informed at about 8-10 P.M. on the same day leading to registration of Crime No. 242/1997 Ex.P-2. After completing all the formalities including making of various necessary seizures, recording of statement of witnesses, sending the seized material for chemical examination and the dead body for postmortem, the investigation was concluded and charge-sheet filed.
3.1. After committing the case to the court of sessions, the charge was framed against the appellant alleging offence punishable u/S. 302 of IPC . Appellant abjured guilt and sought trial.