RAM PRASAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 30-6-2003 passed by the 3rd Additional Sessions Judge (F.T.C.), Mungeli, Sessions Division Bilaspur, in Ses-sions Trial No. 48/2003, whereby and where-under learned Additional Sessions Judge af-ter holding the appellants guilty for forma-tion of unlawful assembly armed with deadly weapons, having its common object of commission of culpable homicide amount-ingto murder of Sukhidas and Vijendra, and in furtherance of the common object of un-lawful assembly, committing culpable ho-micide amounting to murder of Sukhidas and Vijendra, convicted the appellants under Sections 148 and 302 read with Sec-tion 149 of the I.P.C. and sentenced each of them to undergo R.I. for three years and pay fine of Rs. 1,000/-, in default of payment of fine to further undergo R.I- for six months and to undergo imprisonment for life and pay fine of Rs. 2,000/-, in default of payment of fine to further undergo R.I. for one year, respectively.

(2.) Conviction is impugned on the ground that without any credible, clinching and le-gal evidence the trial Court has convicted and sentenced the appellants and thereby committed illegality.

(3.) Case of the prosecution, in brief, is that the appellants and the complainant party were in inimical terms, on the fateful day of 30-8-2002 at about 7 a.m. Vijendra (since deceased) had gone to the field with cattle for grazing, Sukhidas (since deceased) was also present, in the, field, all the appellants were present near the nala, they were armed with deadly weapons like stick and betel axe, firstly they assaulted Vijendra and caused fatal injuries, Vijendra fell down, Sukhidas came to rescue Vijendra on which the appellants assaulted Sukhidas also and caused fatal injuries, Sukhidas also fell down. Hirawan Das Dedhe (PW-1), Kanhaiya (PW-2), Smt. Shanti Bai (PW-3), Kum. Sunita Das (PW-4) and Mahettaru Das (PW-5) rushed towards the spot, they took injured Vijendra and Sukhidas in a bullock cart and proceeded for hospital, while they were on the way to hospital, Vijendra and Sukhidas succumbed to the injuries sustained by them. Hirawan Das Dedhe (PW-1) lodged FIR vide Ex.P-1 at Po-lice Outpost Chilfi, Police Station Mungeli. He also lodged merg intimation vide Ex.P-6. Registered merg was recorded vide Ex.P-31 on 31-8-2002. Registered FIR was re-corded vide Ex.P-32 on 30-8-2002. The In-vestigating Officer left for the scene of oc-currence and after summoning the wit-nesses vide Exs.P-4 and P-5, prepared in-quest over the dead bodies of Sukhidas and Vijendra vide Exs.P-2 and P-3. Spot map was prepared vide Ex.P-24. Blood-stained and plain soil were recovered from the spot vide Exs.P-25 and P-26. Dead body of Sukhidas was sent for autopsy to Commu-nity Health Centre, Lormi vide Ex.P-28. Dr. G.S. Dau (PW-13) conducted autopsy on the dead body of Sukhidas vide Ex.P-58 and found following injuries: -