GOVERDHAN TIRKI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 26.03.2002 passed by the Additional Sessions Judge, Jashpurnagar (C.G.) in Sessions Trial No. 148 of 2001, whereby Appellant Goverdhan Tirki (A-1) stands convicted and sentenced as under:-

(2.) In the present appeal, there are two accused persons namely Goverdhan Tirki (A-1) and Subanram (A-2). Vide order of this Court dated 15.11.2002, the appeal filed on behalf of accused Subanram (A-2) had been withdrawn with liberty to file the revision petition and his name has been deleted from the cause-title. Therefore, the appeal on behalf of accused Goverdhan Tirki (A-1) is being heard for final disposal.

(3.) Facts of the case in brief are that merg intimation (Ex.-P/15) and F.I.R. (Ex.- P/2) were lodged by PW-2 Lohar Sai on 17.03.2001 at about 07:45 am informing the police that he is Kotwar of village Beldegi. Deceased Nawal Sai aged about 37 years is his cousin brother. On 16.03.2001 at about 10:00 pm, he (PW-2) was in his home, he heard the cries like chor-chor from Shiksha Gaurantee Prathmik Pathsala, Beldagi, hearing this, he and Phool Sai went to the field of one Somaru and saw that Nawal Sai was lying on the field of Somaru. At that time, Nawal Sai was alive where Roop Sai and Ramsuchit were also present there. Roop Sai told him (PW-2) that two persons entered the school and seeing the light of torch, Nawal Sai, Roop Sai and Ramshuchit reached near the school, then both the thieves ran away from the school. When Nawal Sai, Roop Sai and Ramshuchit chased the thieves, then one of thieves gave knife blow on the stomach of Nawal Sai. Nawal Sai fell down on the ground (field) and succumbed to knife injury. These facts were informed to Sarpanch Kunwar Sai, Panch Bandhan Sai and other villagers. The F.I.R. (Ex.-P/2) was registered against two unknown persons.