DAYA RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 02.08.2014 passed by the 3rd Additional Sessions Judge, Ambikapur, District Surguja, C.G. in Sessions Trial No. 217/2012, whereby, the appellants stand convicted and sentenced as under:-

(2.) Prosecution case in brief is that on the date of incident i.e. 08.02.2012, at about 10:00-11:00 am, when the complainant party namely Manraj, Dilraj, Marhu, Dujram and others were ploughing the field near Kedama Nala, it is alleged that the present accused/appellants and other persons reached there with Lathi-Danda and deadly weapon, in furtherance of common object started beating the complainant party abusing and threatening them to kill, as a result of which Sukul, Kartik, Marhu, Manraj and Dilraj have suffered simple injuries, Basant and Dujram suffered grievous injuries and during treatment Dujram died because of injuries on his head. On the same date i.e. 08.02.2012 at about 17:00 hours injured Sukul Majwar lodged FIR against Dayaram, Mayaram, Sukhraman Yadav, Darwa Yadav, Shrawan Yadav and others under Sections 294, 506, 323, 147 and 148 of IPC which was registered at zero number. Thereafter numbered FIR was registered on 09.02.2012 at 16:35 hours against the aforesaid accused persons. The incident was witnessed by PW-1 Basant, PW-4 Kartikram, PW-6 Sukul, PW-7 Dilraj, PW-10 Manraj, PW-11 Marhuram and PW-13 Panmeshwar. Inquest over the dead body was conducted on 09.02.2012 vide Ex.P/1 and thereafter the dead body was sent for postmortem. Autopsy of deceased Dhujram was conducted by PW-2 Dr. Anupam Minj, who found the following injuries as per Ex.P-3:-

(3.) During investigation, as per Ex.P-7 memorandum of Dayaram was recorded and as per Ex.P-8 seizure memo, one club was seized from Dayaram. As per Ex.P-9 memorandum of Mayaram was recorded and as per Ex.P-10 seizure memo, one club was seized from Mayaram. As per Ex.P-11 memorandum of Sukhraman was recorded and as per Ex.P-12 seizure memo, one club was seized from Sukhraman. As per Ex.P-13 memorandum of Darwa was recorded and as per Ex.P-14 seizure memo, one club was seized from Darwa. As per Ex.P-15 memorandum of Kistu was recorded and as per Ex.P-16 seizure memo, one club was also seized from Kistu. Spot Map was prepared. On the same day, merg intimation Ex.P-29 was registered.