Advocates:
['D JANGDE', 'RS SAHOO', '', 'K M ANSARI', 'MAHENDRA KUMAR CHOUHAN', 'SOFIA KHAN', 'A G']

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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

Criminal Appeal No.552 of 2003

Meghnath Sahu, S/o Bedram Sahu,

aged about 35 years, R/o Village

Gondri, P.S. Patharia, Distt. Bilaspur

---- Appellant

Versus

State of Chhattisgarh through Police

Station Patharia, Distt. Bilaspur (CG)

---- Respondent

For Appellant:

Ms. Sofia Khan, Advocate.

For Respondent/State:

Shri B. Gopa Kumar, Dy. Advocate

General with Shri Neeraj Kumar Mehta,

Panel Lawyer.

Hon'ble The Chief Justice

Hon'ble Shri Justice P. Sam Koshy

Judgment on Board

Per

Navin Sinha, Chief Justice

11/08/2015

1.

The Appellant stands convicted to life imprisonment under Section

302 IPC read with Section 3(2)(v) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred

to as ‘the Act’) with fine of Rs.300 and Rs.200 respectively, in the event of

failure to pay which, he was required to undergo further one month's

simple imprisonment as ordered on 15.3.2003 by the Special Judge,

Bilaspur in Special Case No.17/2002.

2.

The deceased, Gopal Das Kotwar was assaulted by the Appellant

on 1.11.2001 at 17.30 hours. First Information Report (FIR), Exhibit P-17

was lodged the same day by Brijlal Lahre, PW-10, father of the deceased

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at 19.40 hours. Domra Sahu, PW-3 was stated to have informed him that

the Appellant had assaulted his son. The injured was lying near the

Radha Krishna temple bleeding. He was lifted and brought home, but

died while being taken to the hospital.

3.

The postmortem of the deceased, Exhibit P-14, was conducted by

Dr. R.S. Sidar, PW-8 on 2.11.2001. Injuries were found over the mid

sternal area of the chest extending from sternoclavicular joint up to the

fourth rib on the right side measuring 7 cms x 4 cms x 3 cms. Intercostal

muscles on the right side were cut and crushed from first rib to fourth

intercostal space. The third and fourth ribs were cut at the medial and

near sternum. Death was opined due to hemorrhagic shock resulting

from injuries to vital organs, ante mortem in nature and time elapsed

since death was estimated as 24 hours.

4.

Pursuant to the confession of the Appellant, Exhibit P-2, the

‘tangia, used for the assault, Exhibit P-3 and the clothes of the Appellant

seized marked Exhibit P-11 are not considered relevant as no blood has

been found in the FSL report, Exhibit P-18.

5.

Learned Counsel for the Appellant submitted that the prosecution

evidence establishes that the Appellant and the deceased were friends.

They had consumed alcohol together on the festive occasion of a birth in

the house of a co-villager. There is no evidence of any previous enmity or

animosity between them. Motive for the assault is completely absent.

Both the friends in an inebriated condition were abusing each other by

their caste in a light hearted fashion rather than a caste based racial

insult. A ‘tangia’ and lathi are normal instruments carried by any villager.

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A ‘tangia’ therefore cannot be specifically given attribute of a weapon of

assault. The evidence is that in an inebriated condition, a friendly tussle

took place between them for snatching of the ‘tangia’ and during which

scuffle inadvertently, the assault fell on the chest of the deceased. There

is no repetition of the assault to indicate an intention to kill. If the

Appellant wanted to ensure death, he would not have stopped at one

assault, but would have repeated it so that the deceased had no chances

of survival. The Appellant and the deceased were exchanging friendly

bouts of abuses amongst themselves. The assault was not the result of a

conscious action but more the outcome of an irresponsible behaviour

due to his having consumed alcohol. The fact that the Appellant did not

intend to fatally assault the deceased is further evident from the

deposition of Domra Sahu, PW-3 that immediately after the assault, the

Appellant told him that he had