RAMNATH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The case of the prosecution, in brief, is that on 16.11.1999 the accused/appellant herein along-with co-accused Bhawani acting in furtherance of their common intention caused as many as 33 club injuries to Belchhar (PW-1) (hereinafter referred to as the "victim"). The incident is said to have been seen by Narottam (PW-3) who at the relevant time was grazing cattle in the nearby field. PW-3 in turn informed the incident to Ramkhilawan Chouhan (PW-6) who immediately went to the Village Kotawar namely Asharam (PW-4) and disclosed the incident to him as also to the Village Sarpanch. Meanwhile, the wife of the victim (PW-5) along-with the village Sarpnach and the Village Kotwar (PW-4) reached the spot and thye all saw the victim lying on the ground with number of injuries on his body. Subsequently, the victim was taken to the hospital where on being disclosed by him, Dehati Nalsi (Ex.P-1) was registered by the police constable namely Deendayal Kosle (PW-8). On the basis of Dehati Nalsi (Ex.P-1), FIR (Ex.P-10) came to be recorded against the accused/appellant as also co-accused Bhawani for the offences under Sections 294, 506-B and 323/34 IPC. After completion of investigation the charge-sheet was filed against them under Sections 294, 506-B, 34 and 307 IPC followed by framing of charge accordingly.

(2.) Learned Court below by its judgment dated 18.03.2002 passed in Sessions Trial No.171/2000 acquitted both the accused persons of the charges under Sections 307, 294 and 506-B but convicted each of them under Section 325/34 IPC with imposition of sentence of RI for one year and fine of Rs.2000, plus default stipulations. Hence this appeal.

(3.) It is relevant to note here that during the pendency of this appeal, accused Bhawani died on 07.08.2006 as is clear from the death certificate dated 28.08.2006 and the appeal pertaining to him has abated vide order dated 23.07.2014. Therefore, this appeal as of now relates to the present appellant Ramnath only.