BALWAN SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) These appeals arise out of the judgment dated 10.02.2015 of the High Court of Chhattisgarh at Bilaspur in Criminal Appeal No. 178 of 2011 and Criminal Appeal No. 179 of 2011 confirming the judgment and order of conviction dated 20.01.2011 passed by the Additional Sessions Judge, Fast Track Court, Pendra Road, District Bilaspur in S.T. No. 57 of 2010 convicting the appellants and other accused for offences punishable under Sections 148 and 302/149 of the Indian Penal Code (for short, 'IPC') and sentencing them accordingly.

(2.) The case of the prosecution is that on account of previous enmity with Pitambar Singh (since deceased), the Accused No. 1 - Balwan Singh (appellant in Criminal Appeal No. 727 of 2015), on 22nd January, 2007, at evening time, was talking with the other accused regarding preparation to kill Pitambar Singh. Their conversation was heard by Sunderlal Rathore @ Sunder Singh Rathore (PW-11) and Shatrughan Singh (PW-12), who were passing through the same place. Further, it was the case of the prosecution that all the accused, armed with deadly weapons, went towards the field of one Bhagwat Seth and committed the murder of Pitambar Singh. PW-9 and PW-16, who were near the scene of the occurrence, rushed to the spot after hearing the cries of the injured, and saw all the accused assaulting the deceased with lathis and tabbal (an agriculture implement made up of iron). It is stated by PW-9 and PW-16 that the tabbal was held by the Accused No. 4, namely, Ashok Singh. The injured died instantaneously and the accused fled away.

(3.) The Trial Court as well as the First Appellate Court, believing the testimonies of PW-9 and PW-16 who were the eye witnesses of the incident, and the testimonies of PW-11 and PW12 who deposed about the conspiracy to commit the murder of the deceased, convicted the accused for the offences punishable under Sections 148 and 302/149 IPC. It is pertinent to state that although charge was also framed under Section 120-B IPC, the accused were acquitted in respect of the said offence.