The appellant in this appeal is challenging the legality and
validity of the judgment of conviction and order of sentence dated
18.7.2007 passed by Additional Sessions Judge, Pendraroad, Distt.
Bilaspur (CG) in ST No.349/2006 whereby the appellant stands
convicted under Section 304 Part-I of IPC and sentenced to undergo
RI for 10 years, pay a fine of Rs.100/- and in default thereof to suffer
additional RI for one month.
02. Case of the prosecution, in brief, is that accused Agyan Singh,
deceased Dhan Singh and Man Singh are real brothers living in
Village-Umarkhohi, Navapara in their respective houses. On 21.6.2006
deceased came to the house of the accused in drunken condition,
abused filthily and after breaking open the door entered the house. On
this, the accused assaulted Dhan Singh with lathi on his head and leg
as a result of which Dhan Singh fell down. Hearing the commotion,
brother of the accused Man Singh reached there and thereafter wife of
Man Singh Baisakhiya Bai and other villagers reached the spot and
saw Dhan Singh lying on the floor in the house of the accused in pool
of blood. However, next day when Dhan Singh was being taken to
hospital he died on the way. On information being given to the police by
Man Singh, Merg Intimation No.45/2006 was registered and after
enquiry, FIR (Ex.P/4) under Section 302 of IPC was registered. On the
memorandum of the accused (Ex.P/8), lathi was seized vide Ex.P/9.
Dead body was sent for postmortem to Community Health Center,
Pendra Road and report Ex.P/16 was obtained. Spot map was
prepared and statements of the witnesses recorded. After completion
of investigation charge sheet under Section 302 of IPC was filed
against the accused followed by framing of charge accordingly by
learned trial Court.