SANTOSH Vs. STATE OF C.G.

JUDGEMENT

(1.) Criminal Appeal No. 1183 of 2003 preferred by appellant Santosh, Criminal Appeal No. 1208 of 2003 preferred by appellant Paras and Criminal Appeal No. 1224 of 22003 preferred by appellants Makran Das and Sadhe Lal are being disposed of by this common judgment as these appeals arise out of the judgment dated 18-10-2003 passed in Sessions Trial No. 229 of 2002, whereby learned VII Additional Sessions Judge (FTC), Durg, has convicted the appellants under Section 302 read with Section 34 of the Indian Penal Code and sentenced them to undergo life imprisonment and fine of Rs.500/- each, with usual default clauses for causing homicidal death of Tulsidas, Dukalhin Bai and Durga Das. The appellants have been further convicted under sections 325/34 and 323/34 of the Indian Penal Code and sentenced them to undergo R.I. for three years and fine of Rs.200/- and S.I. for three months, respectively, with usual default clauses for causing injuries to Devdas, Shantumuni and Satrughan.

(2.) The case of the prosecution, in brief, is that on 13-5-2002 at about 9.00 p.m. when the complainant Devdas Banjare (PW/1), resident of village Khurusbod, was sleeping at his home, he heard some noise of quarrel coming out from the home situated at Basti and he along with his elder brother namely Satrughan (PW/3) went to see the quarrel. On the way, accused Makran, Sadhe Lal, Santosh and Paras abused Devdas and assaulted him by Lathis. They also assaulted Satrughan (PW/3). Both Devdas and Satrughan sustained injuries and fled away from the scene of occurrence. Thereafter, complainant Devdas (PW/1) and Satrughan went to Police Station Dhamdha and lodged first information report (Ex.P/1) against the accused/appellants. On the next day when they returned to their village at about 4.O' clock Devdas came to know that all the accused/appellants murdered Durgadas, Tulsidas and mother Dukalhin Bai by means of club, axe And tabbal.

(3.) Bitawan Bai (PW/5) lodged Dehati morgue intimation vide Ex. P/22, P/23 and P/24 on the basis of which morgue intimation (Ex.P/58, P/59 and P/60) were registered. Station House Officer prepared spot map (Ex.P/25 and P/26) and inquest (Ex-P/6-A, 7-A and 8-A) over the persons of the deceased in presence of witnesses. Thereafter, the dead bodies were sent for autopsy to Primary Health Centre, Dhamdha vide Ex.P/9-A, P/10-A and P/11-A, where Dr. P.D. Chandravanshi (PW/4) conducted postmortem and gave his reports (Ex-P/9, P/10 and P/11). On the basis of memorandum of the appellants (Ex.P/28, P/29 and P/30), weapons of offence lathies were taken into possession vide Ex.P/43, P/45 and P/38. The seized articles were sent for chemical examination to FSL (Ex.P/64) and a report thereof is Ex.P/66.