Order on Board

Per Ramesh Sinha, Chief Justice

02/01/2025

1. The present criminal appeal has been filed under Section 14(A)(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (in short 'SC/ST' Act) against the impugned judgment of conviction and sentence dated 10.05.2024 passed by Learned Special Judge under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Raipur, in Special Criminal Case No. 04/2024 whereby the appellant has been convicted for the offence of Section 302 of I.P.C. and Sentenced for R.I. for life with fine of Rs. 1000/-, in default of payment of fine additional RI for one month.

2. Brief facts of the case are that on 31.10.2023 at about 23:50 hours the informant Ramsharan Khelwar had given the hospital memo to the police that the deceased Nagesh Dhruw has died on 31.10.2023. Based on the hospital memo the merg intimation Ex.-P/16 was recorded by the police, inquest Ex.- P/3 was prepared in presence of the witnesses. At the time of inquest the witnesses have disclosed that the deceased have died due to assault made by the appellant by iron rod, therefore, the dead body was sent for its port- mortem to Community Health Centre, Abhanpur, District Raipur where PW- 12 Dr. Akash Pariyal have conducted the post-mortem of the dead body and found number of abrasion and contusion on the various parts of the body and opined that the cause of death his head injury (intracromial haemorrhage, SAH) and its complications leading to cardioreopiratory arrest. Final opinion will be given after FSL report. The post-mortem is report is Ex.-P/17 given by the doctor PW-12 Akash Pariyal. PW-12 Akash Pariyal have also given short pm report Ex.-P/18, in which he opined that on the basis of opinion given, death can be homicidal in nature.

3. The spot map Ex.-P/12 and Ex.-P/23 was prepared by the police and P-19 was prepared by the Patwari. The FIR Ex.-P/22 has been registered against the appellant for the offence under Section 302 of I.P.C. Since the witnesses have disclosed that the appellant has assaulted the deceased and F.I.R has been registered naming the present appellant, he was arrested on 02.11.2023. His memorandum statement Ex.-P/4 was recorded and based on his memorandum statement, iron rod was seized vide seizure memo Ex.- P/5. During the investigation the viscera of the deceased and his clothes have also been seized vide seizure memo Ex.-P/7. The seized iron rod was sent to CHC, Abhanpur for its query which has been given by the PW-12 Dr.

Akash Pariyal vide query Ex.-P/19-A, in which he opined that the injuries caused to the deceased can be caused by this type of weapon, injury caused by this type of weapon can lead to the death of the deceased. The viscera of the deceased, clothes of the deceased and iron rod seized from the appellant were sent for chemical examination to the FSL, Raipur.

4. Statement of the witnesses under Section 161 of Cr.P.C. have been recorded and after completion of usual investigation charge-sheet has been filed against the appellant for the offence under Section 302 and 294 of I.P.C. and Section 3 (2)(v) of the SC/ST Act.

5. The learned trial Court has framed charge against the appellant for the offence under Section 302 of I.P.C. and Section 3 (2)(v) of SC/ST Act. The appellant denied the charge and claimed trial.

6. In order to prove the charge against the appellant, the prosecution has examined as many as 18 witnesses. Statement of the appellant under Section 313 of Cr.P.C. has also been recorded in which he denied the circumstances appears against him, plead innocence and have submitted that he has been falsely implicated in the offence.

7. After appreciation of oral as well as documentary evidence led by the prosecution, the learned trial Court has convicted and sentenced the appellant as mentioned in earlier part of this judgment. Hence this appeal.

8. Learned counsel for the appellant would submits that the appellant is innocent and has bee