Order on Board

15/01/2024

1. The appeal arise out of the judgment of conviction and sentence dated 14.11.2003 passed by Learned Sessions Judge, Jashpur, District – Jashpur (C.G.) in Sessions Trial No. 34/2003 whereby the appellant has been convicted and sentenced in the following manner:-

2. Brief facts of the case are that on 26.01.2003 at about

12:45 P.M. in the noon, the complainant the Kuluwa @ Khuluwa (PW-1) has lodged the report to the police station against the appellant with the effect that on 26.01.2003 at about 9:00 A.M. when he was grazing his cattles nearby his house he saw that the cattles of the appellant have entered into the threshing field of Sarju and when Sarju try to get them out from his threshing field, Ram Sagar, have abused Sarju and assaulted him by lathi which inflicted on his head. Ramadhar, Shiv Kumar and Rameshwar have intervene in the quarrel and he came to police station alongwith Sarju to lodged the report.

3. On the report of PW-1, the police has registered the FIR , Ex-P/1 for the offence under section 294, 506-II and 323 of IPC. The injured Sarju was sent for medical examination to Primary Health Center, Bagicha where PW- 12 Dr.C.D. Bakhla has examined him and gave his report Ex.P/17 and found the following injuries over the body of the injured.

1. Lacerated wound 1.5x1.5 c.m. left upper lat. eye-brow blood clot on the injury, bruise around orbital cavity.

2. Lacerated wound 2.5x1.5x1/2 c.m. on right lateral eye-brow, advised x-ray left orbital cavity.

4. Thereafter the son of the injured Sarju has taken him for his further treatment to Mission Hospital, Kunkuri and thereafter he was shifted to Ambikapur Hospital. On 28.01.2003 a lathi was seized vide Ex.P-4. The spot map Ex.P-10 was prepared the statements of the witnesses under Section 161 of Cr.P.C. was also recorded. The lathi was sent for its query report to PW-12 Dr. C.D. Bakhla from where query report Ex. P-18 was received. On 22.02.2003 PW-6 Gyani has given the merg intimation and intimated that the injured Sarju has died. The merg intimation Ex.P-5 was recorded and inquest report Ex.P-9 was prepared in presence of the witnesses and the body was sent for its postmortem to Medical College Hospital, Raipur where Dr. R.N. Dubey (PW-7) has conducted the postmortem of the body of the deceased Sarju and gave his report Ex.P-7. The doctor has opined that the nature of death is homicidal and cause of death is cardiogenic and neurogenic death caused by the intracranial hemorrhage due to the injury on head. After completion of the investigation the charge-sheet under Section 294, 506-B, 323 and 302 of IPC was filed in the Court of Judicial Magistrate First Class, Jashpur from where the case was committed for its trial to the Session Court, Jashpur.

5. The trial Court has framed charge for the offence under Section 302 of IPC. The appellant has denied the charge and claimed trial. In order to establish the charge the prosecution has examined 12 witnesses and the statement under Section 313 of Cr.P.C. of the appellant has also been recorded in which he denied the material appears against him, plead innocence and submitted that he has been falsely implicated in the offence and submitted that complainant party creating pressure upon him to left his land so that they may grab his property.

6. After appreciation of the evidence available on record the trial Court has acquitted the appellant from the charge of Section 302 of IPC but has convicted him for the offence under Section 304 Part-II of IPC and sentenced him as mentioned in para 1 of this judgment. Hence, this appeal.

7. Learned counsel for the appellant would submit that the appellant is innocent and has been falsely implicated in the offence, no offence is made out against the appellant as alleged. The prosecution has failed to establish