TUKESH SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of conviction and order of sentence dated 28-2-2003 passed in S.T. No.229/2001 whereby learned 5th Additional Sessions Judge, Bilaspur, has convicted the appellants under Sections 147, 148,307/149 and 302/149 of the IPC and sentenced them to undergo R.I. for 6 months and to pay a fine of Rs. 100/-, in default of payment of fine to further undergo additional RI of 5 days; to undergo R.I. for one year and to pay a fine of Rs. 500/-, in default of payment of fine to further undergo additional R.I. of one year; to undergo R.I. for 10 years and to pay a fine of Rs. 5,000/-, in default of payment of fine to further undergo additional R.I. for 6 months, and to undergo imprisonment for life & to pay a fine of Rs. 10,000/-, in default of payment of fine to further undergo additional R.I. for 6 months to each of the appellants. Sentences have been directed to run consecutively.

(2.) Case of the prosecution, in brief, is that Kashiram Rathore, resident of Masturi had borrowed a loan from Ganpat Singh. As he could not repay the loan, he had given his shop situated at bus stand Masturi and the land adjacent to it to Ganpat Singh. Ganpat Singh gave the shop to his relative Rajendra Singh and opened medical store through him. When Prashant Medical Store started doing successful business, Rajendra Singh purchased the shop and the adjacent vacant land from Kashiram Rathore and got a sale deed executed. On account of this animosity, the accused persons with a common object armed with deadly weapons rod, sword, knife, club went to the disputed shop located at bus stand attacked the complainant party and murdered Manrakhan and Narayan Singh and attempted on the lives of injured Virendra Singh (PW-3), Shivraj Singh (PW-1), Judawan Singh (PW-4), Vishveshar Singh Thakur (PW-5) and Rakesh Singh Thakur (PW-8). Report of the incident was lodged on 24-3-2001 at 20.05 hours by Rakesh Singh Thakur against the appellants vide Ex.-P/9.

(3.) Inquest over dead bodies of Narayan Singh and Manrakhan Singh was prepared vide Ex.- P/10 and Ex.-P/11 respectively on 25-3-2001. Merg intimation regarding the death of Manrakhan Singh and Narayan Singh was given from the S.P. Hospital, which was registered in city Kotwali, Bilaspur Vide Ex.-P/28 & Ex.-P/29 respectively on 24-3-2001 at 19.00 hours and the, same was registered in Police Station Masturi on 26-3-2001 vide Ex.-P/26 and Ex.-P/27 respectively. The dead bodies were sent for autopsy to S.P. Hospital, Bilaspur where Dr. B.R. Hotchandani (PW-10) conducted the postmortem on 25-3-2001 and submitted his reports vide Ex.-P/19 and Ex.-P/20 respectively.