ANJORDAS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction & order of sentence dated 3.11.2004 passed by the 10th Additional Sessions Judge (F.T.C.), Bilaspur in Sessions Trial No. 307/2003, whereby & whereunder learned 10th Additional Sessions Judge after holding the Appellants guilty for commission of culpable homicide amounting to murder of Chandraram, Shyamratan, Kunjbihari and Dhaniram in sharing common intention convicted them under Section 302 read with Section 34 of the Indian Penal Code., 302 read with Section 34 of the Indian Penal Code, 302 read with Section 34 of the Indian Penal Code, 302 read with Section 34 of the Indian Penal Code and 323 read with Section 34 of the Indian Penal Code and sentenced to undergo imprisonment for life and fine of Rs. 500/- in default of payment of fine to further undergo S.I. for two months for each conviction under Section 302 read with Section 34 of the Indian Penal Code and fine of Rs. 200/-, in default of payment of fine to undergo S.I. for one month under Section 323 read with Section 34 of the Indian Penal Code

(2.) Conviction is impugned on the ground that without there being any iota of evidence, the trial Court has convicted and sentenced the Appellants as aforementioned and thereby committed illegality.

(3.) As per case of prosecution, on the fateful night of 4.6.2003 at about 4 a.m. at morning Chandraram (since deceased) was sleeping in his temporary hut (kundrd) situate in front of his house which was under construction along with his son Rajkumar Kurre (PW-8), Kunjbihari (since deceased) his guest was also sleeping nearby son of Chandraram, Shyamratan (since deceased) was also sleeping on sand. Between 3.45 to 4 a.m., Appellants Anjor Satnami and Batau Satnami came to temporary hut, they were holding stick and betel axe, they asked Rajkumar Kurre (PW-8) about his father, at the same time Chandraram woke up, then they pushed Chandraram, Chandraram fell down on sand, thereafter simultaneously both the Appellants assaulted him by betel axe and stick. Shyamratan woke up and tried to intervene and save his father, Appellants also assaulted him by stick and betel axe. Third unfortunate deceased Kunjbihari also woke up, Appellants also assaulted him. Rajkumar Kurre (PW-8) immediately proceeded from the spot, Appellants also assaulted Rajkumar by stick over his right hand. While he was running from the spot he fell down and also received injury on his left leg. He went to the house of 4th deceased Dhaniram, his uncle whom he told the incident, Dhaniram came to the spot i.e., near the house of Chandraram and started weeping near dead body of Chandraram i.e., his brother, at the same time accused Dhansu and Anil, Appellants Anjor and Batau Satnami came from back and assaulted Dhaniram by stick and betel axe and killed him. After causing injury the Appellants fled from the spot. In morning Rajkumar Kurre (PW-8) saw dead body of guest Kunjbihari in ditch (diged for collecting waste material) (ghurwa). Rajkumar Kurre (PW-8) informed his grandfather Guhan (PW--2) and Kotwar Prakash Das (PW-9) who went Police Station for lodging report and lodged Rojnamcha Sanha vide Ex.P/46A. Investigating officer N.P. Mishra (PW-14)left for scene of occurrence after recording Rojnamcha vide Ex.P/47A, he reached village Monhda, Police Station Hirri, seven kilometers away from the spot. Rajkumar Kurre (PW-8) lodged dehati nalishi vide Ex.P/12A and dehati merg intimation vide Exs.P/13A, P/32, P/33 and P/34. Finally F.I.R. was lodged vide Ex.P/12 and merg intimation was recorded vide Exs.P/13, P/14, P/15 and P/16. After summoning the witnesses vide Ex.P/17, inquest over dead bodies of deceased Shyamratan Kurre, Kunjbihari, Chandraram Kurre and Dhaniram were prepared vide Exs.P/18 to P/21. Bloodstained and plain soil were recovered from the spot vide Exs.P/29 and P/30. Injured Rajkumar was sent for medical examination vide Ex.P/5, he was examined by Dr. A.K. Sanyal (PW-4) vide Ex.P/5 and found following injuries: