NAND LAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Leave granted in SLP(Criminal) Nos. 6134-6135 of 2019.

(2.) These appeals assail the judgment and order dtd. 11/11/2014 passed by the Division Bench of the High Court of Chhattisgarh at Bilaspur, thereby dismissing the appeals filed by the appellants herein and confirming the judgment and order dtd. 24/5/2008 passed by the Second Additional Sessions Judge, Baloda Bazar, District Raipur, Chhattisgarh (hereinafter referred to as "the trial court "), convicting the appellants along with other accused for the offences punishable under Sec. 302 of the Indian Penal Code, 1860 (for short, "IPC ") along with other offences and sentencing them to undergo life imprisonment.

(3.) The prosecution story, in brief, as could be gathered from the material placed on record, is thus: On the night of 3/11/2006, at around 07.30 PM, Naresh Kumar, accused No. 11 had assaulted Atmaram (PW-1). After the said assault, Atmaram (PW-1) went to the Police Station, Suhela for lodging a report. Thereafter, Naresh Kumar, accused No.11 along with other accused, who were armed with deadly weapons, formed an unlawful assembly, entered the house of deceased Kartikram and assaulted him as well as Mangtin Bai (PW-2) and Khomlal (PW-9). As a result of the said assault, Kartikram died on the spot. Thereafter, Mangtin Bai (PW-2), Khomlal (PW-9) and Purnima Bai (PW-13), wife, son and daughter-in-law of deceased Kartikram respectively, along with neighbours Baliram Sahu (PW-3) and Jeevan Lal Sahu (PW-6) went in a tractor to Baloda Bazar to see a doctor, who refused to treat them unless a report was lodged at the police station. Thereafter, a jeep was hired and they went to the Police Station, Suhela. On the basis of the oral report (Ex. P-9), a merg report (Ex. P-10) came to be registered. Subsequently, the First Information Report (for short, "FIR ") came to be registered.