BHAIYA LAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant-accused under Sec. 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dtd. 13/10/2014, passed by the Court of Sessions Judge, Surajpur, District Surajpur (Chhattisgarh) in Sessions Case No.87 of 2013 (State of Chhattisgarh vs. Bhaiya Lal @ Khaisa), whereby he has been convicted for offences: under Sec. 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.1,000.00 and, in default of payment of fine, sentenced to undergo additional rigorous imprisonment for 03 months and also under Sec. 323 of IPC and sentenced to undergo 06 months' rigorous imprisonment.

(2.) The case of the prosecution, in short, is that on 26/4/2012, at about 05:00 PM in the evening, at Village Parvatipur within the ambit of Police Station Jay Nagar, the accused-appellant assaulted Khelu @ Khelsaiy (hereinafter referred to as the "deceased") by means of wooden stick, due to which he suffered grievous injury and died and further assaulted complainant, namely, Jiramani (PW-01) by means of wooden stick, due to which she suffered voluntary hurt, and, thereby, the appellant is said to have committed offences under Ss. 302 and 323 of IPC.

(3.) It is further case of the prosecution that on 26/4/2012 complainant- Jiramani (PW-01) lodged complaint/report at Police Station Jay Nagar to the effect that she is resident of Village Pachira. The marriage of her elder daughter, namely, Samina (PW-03) was solemnized with Ashok (PW-02) of Village Parvatipur and, 15 days' prior, her daughter- Samina was blessed with a child and, on that account, she alongwith her husband (deceased) and younger daughter, namely, Sonakshi (PW-04) had visited the house of her son-in-law- Ashok (PW-02) and, in the evening, some dispute arose between Ashok (PW-02) and Samina (PW-03) and they both started quarreling, pursuant to which, their neighbour (appellant herein) reached there and he being annoyed of said quarreling, started abusing them, upon which, the complainant- Jiramani (PW-01) and her husband alongwith other family members intervened and asked him to go from the house. Thereafter, in the evening at about 05-06 PM, while the complainant- Jiramni (PW-01) alongwith her husband (deceased herein) and daughter- Sonakshi (PW-