RAMPHAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction & order of sentence dated 27.2.2001 passed by the Additional Sessions Judge, Surajpur, Sessions Division, Surguja, in Sessions Trial No.163/98, whereby & whereunder learned Additional Sessions Judge after holding the appellants guilty for commission of formation of unlawful assembly and in furtherance of common object of unlawful assembly causing culpable homicidal death of Atak Ram amounting to murder, convicted under Sections 302 & 147 of the Indian Penal Code and sentenced them to undergo imprisonment for life and to pay fine of Rs.500/-, in default of payment of fine to further undergo rigorous imprisonment for five months and rigorous imprisonment for one year, respectively. During the pendency of the appeal, appellant No.1 Ramphal was died and his name has been deleted.

(2.) Judgment is impugned on the ground that without there being any iota of evidence of commission of murder, the Additional Sessions Judge has convicted and sentenced the appellants as aforementioned and thereby committed illegality.

(3.) Case of the prosecution, in brief, is that on the fateful day of 4.6.95 at about 8 a.m. at village Ragda, district Ambikapur, deceased Aatak Ram went to canal (nala) along with his buffalos, the appellants who were having enmity with the deceased have formed unlawful assembly and in furtherance of common object of unlawful assembly, they went to canal, they chased the deceased and assaulted him by sticks, deceased Aatak Ram fell down. Ramsai took the deceased to hospital for further treatment. The injured was firstly examined by Dr.S.P.Paikra (PW-11) vide Ex.P/17A and found the aforesaid external injuries. He was referred to District Hospital, Ambikapur vide Ex.P/28. He was died. Then again dead body of the deceased was brought to Primary Health Centre, Bhaiyathan vide Ex.P/16. Dr.S.P.Paikra (PW-11) certified death vide Ex.P/29. Ramsai went to the police station Jhilmili and recorded merg intimation vide Ex.P/15. F.I.R. was lodged vide Ex.P/26. Investigating officer proceeded for the scene of occurrence and after summoning the witnesses vide Ex.P/16, prepared inquest over the body of the deceased vide Ex.P/14. Autopsy was conducted by Dr.S.P.Paikra (PW-11) vide Ex.P/17A and found following symptoms and injuries:-